IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140018551
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2014 to show "20151118" instead of "00000000."
2. The applicant states he believes item 6 of his DD Form 214 is in error because "00000000" is not a date.
3. The applicant provides:
* DD Form 214
* Enlisted Record Brief
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows that on 19 November 2008 he enlisted in the Army National Guard of the United States for a period of 8 years and 0 weeks.
2. He completed training and he was awarded military occupational specialty 21E (Construction Equipment Operator). Item 6 of his DD Form 214 for the period ending 12 June 2009, shows the entry "20161118."
3. Evidence shows the applicant served in a designated imminent danger pay area in Kuwait/Iraq for the period 15 November 2010 through 23 August 2011. Item 6 of his DD Form 214 for the period ending 16 September 2011 shows the entry "20161118."
4. The applicant's record contains a:
a. DD Form 214 for the period ending 30 September 2014. Item 6 contains the entry "00000000."
b. DD Form 215 (Correction to DD Form 214), dated 13 November 2014, which corrects item 6 of the applicant's DD Form 214 for the period ending 30 September 2014 to read "20161118."
5. Evidence shows the applicant was honorably discharged from the Michigan Army National Guard on 16 March 2015, for enlistment in another component of the U.S. Armed Forces.
6. The applicant provides a copy of his Enlisted Records Brief, dated 21 October 2014. He highlights the Expiration Term of Service Date of "20151118."
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the Army Reserve, and Army National Guard.
a. Paragraph 1-10b (Army Reserve or Army National Guard Membership), states in part, that service in the Army Reserve or Army National Guard is either statutory or contractual. Under provisions of Title 10, U.S. Code, section 651, each person who becomes a member of a U.S. Armed Force, either by enlistment, appointment, or induction, will serve in the U.S. Armed Forces for a total initial period of 8 years. Any part of such service that is not active duty will be performed in a Reserve Component.
b. A person's statutory military service obligation runs concurrently with a contractual military service obligation. Each person who enlists or reenlists in a U.S. Armed Force executes a contractual agreement (DD Form 4) that establishes the terms of the service to be performed in that U.S. Armed Force. The contractual agreement runs concurrently with all incurred statutory obligations. Following termination of all statutory obligations, any subsequent military Service is served according to the terms of the contractual agreement.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant enlisted in the Army National Guard for 8 years on 19 November 2008. His Reserve Obligation Termination Date was established as 18 November 2016, and this date is consistently listed on documents contained in his Army Military Human Resource Record.
2. The applicant is correct that "00000000" is not a date; however, he is incorrect in his assertion that item 6 of his DD Form 214 for the period ending 30 September 2014 should be corrected to show "20151118" as this would account for only a 7-year Reserve obligation.
3. The applicant's Reserve Obligation Termination Date was subsequently corrected by a DD Form 215 to reflect "20161118", the proper 8-year obligation.
4. In light of the foregoing, the applicant provides insufficient evidence to support his requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140018551
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ABCMR Record of Proceedings (cont) AR20140018551
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