PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            25 January 2001   
	DOCKET NUMBER:   AR2000047363

	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:

	Ms. June Hajjar		Chairperson	
	Ms. Karen a. Heinz		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 that his August 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his more than five years of inactive U.S. Army Reserve (USAR) service.

3.  Records available to the Board indicate the applicant enlisted in the USAR on 10 February 1992 for a period of 8 years.  He successfully completed basic training in 1992 and advanced individual training in 1993.  The applicant continued as a member of the USAR until 22 August 1997 when he was ordered to active duty as a USAR officer. 

4.  On 22 August 2000 the applicant was honorably discharged from active duty upon completion of his required active duty service.  Item 12e (Total Prior Inactive Service) does not reflect his 5 years, 6 months, and 12 days of prior inactive USAR service.

5.  Additionally, item 6 (Reserve Oblig. Term Date) incorrectly reflects 21 August 2005.

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 had 5 years, 6 months and 12 days of inactive service prior to his entry on active duty in August 1997.  He is entitled to have that information reflected in item 12e of his August 2000 DD Form 214.

2.  Additionally, the applicant incurred an 8 years statutory service obligation upon his enlistment in the USAR on 10 February 1992.  That 8 year statutory service obligation expired on 9 February 2000, not 21 August 2005.  Clearly the 2005 date was derived, although incorrectly, from his 22 August 1997 entry on active duty.  Item 6 on his August 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 in item 12e of the applicant’s August 2000 DD Form 214 that he had 5 years, 6 months, and 12 days of inactive service; and

b.  by deleting the information in item 6 of that DD Form 214 and replacing it with “00-00-00” which will indicate that he has no remaining statutory service obligation.

BOARD VOTE:  

___jh___  ___kah__  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047363	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.