MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2000                   
	DOCKET NUMBER:   AR2000043213

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

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that his Certificate of Release or Discharge from Active Duty, DD Form 214, item 12a be corrected to show he entered active duty on 13 February 1976.

APPLICANT STATES:  The applicant defers to counsel. 

COUNSEL CONTENDS:  That the applicant’s enlistment agreement clearly shows that he enlisted for 6 years on 13 February 1976, which was the same day he took his office.  This is the date his Army employment began for retirement purposes.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the U. S. Army Reserve (USAR) Delayed Entry Program (DEP) on 13 February 1976.  He enlisted in the Regular Army on 24 February 1976.  He retired on 1 March 1996.  Item 12a of his DD Form 214 shows he entered active duty on 24 February 1976.  Item 12e of his DD Form 214 shows he had had     11 days of prior inactive service (his DEP service from 13 through 23 February 1976). 

Army Regulation 135-91 defines Army National Guard and USAR service obligations.  In pertinent part, it states that before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces.   

Army Regulation 140-1 provides policy guidance on the mission, organization and training of the USAR.  It states in pertinent part that the USAR Control Group (Delayed Entry) consists of members enlisted under Army Regulation 601-210.  They are in a nonpay status and will not take part in Reserve training.  While assigned to the group, members are exempt from involuntary order to active duty except during a period of mobilization.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 provides that years of service creditable for retirement are computed by adding all active service in the U. S. Armed Forces.  Service in a Reserve Component not on active duty, active duty for training or other full-time training duty is not creditable for retirement.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.
2.  The applicant’s DD Form 214 is correct.  Soldiers in the DEP are in a nonpay status, are not on active duty and are even exempt from involuntary order to active duty except during a period of mobilization.  Although his military “employment” began the day he entered the Armed Forces (i. e., 13 February 1976, the day he enlisted in the USAR DEP), he did not enter active duty until   24 February 1976, the day he enlisted in the Regular Army.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jdm___  __ra____  __cg____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000043213	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.