PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            1 February 2001   
	DOCKET NUMBER:   AR2000041736

	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. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. James E. Anderholm		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 his records be corrected to show award of the Army Commendation Medal and that item 6 (Reserve Oblig. Term. Date) on his 1997 DD Form 214 (certificate of release or discharge from active duty) be corrected to reflect that his statutory service obligation expires on 4 February 2005 vice 4 February 2003.  He notes the Army Commendation Medal was omitted from his separation document and the statutory service obligation is incorrect.

3.  Records available to the Board indicate the applicant enlisted in the Army Reserve on 5 February 1997 under the delayed entry program for a period of 
8 years.  He entered active duty on 12 March 1997 for a period of 3 years and served honorably until he was released from active duty on 11 March 2000 and transferred to the USAR.

4.  The applicant was awarded an Army Commendation Medal for meritorious service while assigned to Fort Bragg, North Carolina.  The 1st Brigade, 504th Parachute Regiment at Fort Bragg, published orders confirming the award on 
7 January 2000.  The award, however, was omitted from the applicant’s separation document.

5.  Public Law 98-94 outlines the statutory service obligations incurred by individuals who enlist in 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 the applicant was awarded an Army Commendation Medal and as such it would be appropriate to correct his records accordingly.

2.  Additionally, the applicant incurred an 8 (not 6) year statutory service obligation upon his enlistment in the Army Reserve on 5 February 1997.  That 
8 year statutory service obligation expires on 4 February 2005, not 4 February 2003 as indicated on his DD Form 214.  Item 6 on his March 2000 DD Form 214 should be corrected accordingly.

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 that the individual concerned was awarded an Army Commendation Medal; and

b.  by correcting item 6 on his March 2000 DD Form 214 to show a reserve obligation termination date of 4 February 2005 (2005 02 04) vice 
4 February 2003.

BOARD VOTE:  

__lls___  __bjl___  __jea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041736	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010102	
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.	107.00	
2.	110.00	
3.		
4.		
5.		
6.