PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            28 November 2000                 
	DOCKET NUMBER:    AR2000039914

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Wilford A. Hale		Member	
	Mr. John H. Kern		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 that the reserve obligation termination date on  his DD Form 214, (Discharge Document) be corrected.  He also requests payment of any pay or benefits that may be caused by a correction, and lastly that he be allowed to continue to serve in the Army.

3.  The applicant states that his original reserve obligation termination date was established as 12 April 1999.  During a records review it was discovered that his reserve obligation termination date had been changed to 8 October 2000.

4.  In support of his application he submitted a letter from his company commander.  The letter states that during an interview with a retention noncommissioned officer it was discovered that the applicant’s reserve obligation termination date was incorrect, and that the applicant had served beyond his termination date.  He requested that the applicant’s reenlistment documents be corrected.

5.  The applicant’s military records show he enlisted into the US Army Reserves on 14 April 1991 with a military service obligation of 8 years.

6.  A DD Form 214 issued with the separation date of 17 August 1992 incorrectly reflects a reserve obligation termination date of 12 April 1999 (the correct date was 13 April 1999).

7.  A DD Form 214 issued with the separation date of 27 March 1998 incorrectly reflects a reserve obligation termination date of 8 October 2000 (the correct date was 13 April 1999).

8.  A member of the staff of the Board contacted the applicant.  The applicant informed the staff member that subsequent to submitting his application he has reenlisted and had suffered no interruption of pay.

CONCLUSIONS:

1.  The evidence present in the applicant’s record supports his contention that the 8 October 2000 reserve obligation termination date currently reflected in his record is incorrect.  Therefore, he is entitled to a correction of his military records to show that his reserve obligation termination date was 13 April 1999.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the reserve obligation termination date of the individual concerned was 13 April 1999.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

____mkp   _____wah  ____jhk _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR2000039914	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001128	
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.	113.01	
2.		
3.		
4.		
5.		
6.