PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            16 May 2000       
	DOCKET NUMBER:   AR2000036637

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his 1997 DD Form 214 be corrected to delete information pertaining to time spent in the Delayed Entry Program (DEP).  He states, in effect, that he enlisted in the Virginia Army National Guard on 
18 May 1974 and attended drills with his unit until 9 August 1994.  He notes, however, that his 1997 DD Form 214 states that between 18 April 1994 and 
9 August 1994 he was part of the DEP.  (Note:  His request to have his home of record changed on his Officer Record Brief (ORB) from Pennsylvania to Virginia will be not be addressed by the Board.  The entry on the ORB can be administratively corrected by the applicant’s serving personnel office.)

3.  Records available to the Board indicate that the applicant enlisted in the Virginia Army National Guard for a period of 8 years on 18 May 1994 and drilled with his unit in June 1994.  On 10 August 1994 he was ordered to active duty for training purposes.  He was released from active duty on 9 December 1994 and returned to the Virginia Army National Guard.

4.  On 5 September 1995 the applicant enlisted in the Regular Army and on 
9 April 1997 was released for the purpose of accepting a USAR commission as a second lieutenant.  Block 18 (remarks) of the applicant’s DD Form 214 contains the statement “BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM: 19940418-19940809.”  Block 6 refers to the applicant’s statutory service obligation and indicates that his reserve obligation date terminates on 5 September 2003 (8 years from his 5 September 1995 Regular Army enlistment date).

5.  The delayed entry program is used to account for soldiers who are not yet on active duty, but have committed to entering the military, and who are waiting for school or training seats.  Individuals enlisting in the DEP indicate on their enlistment contracts that they understand they “will be ordered to active duty as a Reservist” if they fail to report as scheduled for enlistment in a Regular component of the United States Armed Forces.

6.  Public Law 98-94 outlines the statutory service obligations incurred by individuals who enlist in the any component of the U.S. military.  Effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.  Before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry.  A contractual obligation is acquired by signing a contract to serve on active duty or in a Reserve Component.  The contractual obligation may run concurrently with the statutory obligation or it may extend past the statutory obligation.

CONCLUSIONS:

1.  The evidence confirms that the applicant enlisted in the Virginia Army National Guard on 18 May 1994 and, under Public Law 98-94, on that day incurred an 8-year statutory obligation which would terminate on 17 May 2002.

2.  Based on his enlistment in the Army National Guard, and that statutory obligation, the information contained in block 6 and the remark in block 18 of the applicant’s 1997 DD Form 214 are incorrect.  Block 6 should reflect a reserve obligation termination date of 17 May 2002 and the entry regarding the DEP should be deleted.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by showing in block 6 of the applicant’s 1997 DD Form 214 that his statutory service obligation terminates on 17 May 2002; and

b.  by deleting the information in block 18 of his 1997 DD Form 214 pertaining to the DEP.

BOARD VOTE:  

___aao__  ___vbc__  ___le___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036637	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.