MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      .

	BOARD DATE:           2 August 2001
	DOCKET NUMBER:   AR2000049352

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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:  That her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that she completed her full enlistment.

APPLICANT STATES:  In effect, that the entry date on her DD Form 214 is incorrect and she wants it corrected to show that she served her full term of service.  She states that she enlisted on 14 January 1998, not 16 January 1998.  In support of her application, the applicant submitted a copy of DA Form 3286-59, U.S. Army Enlistment Contract, and Orders Number 300-0265, Headquarters, 18th Personnel Services Battalion, Fort Bragg, North Carolina.

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

On 12 September 1997, she enlisted through the Delayed Entry Program (DEP) with a scheduled Regular Army (RA) enlistment date of 14 January 1998.  The applicant acknowledged that she understood that she would be ordered to active duty as a reservist unless she reported to the Buffalo Military Entrance and Processing Station (MEPS) by 14 January 1998 for enlistment in the RA.  She did not report to the Buffalo MEPS until 16 January 1998 at which time she was discharged from the DEP and enlisted in the RA for 2 years.

The applicant served in the RA until 14 January 2000 when she was honorably released from active duty and transferred to the US Army Reserve by reason of completion of required service.  On her DD Form 214, she was credited with 1 year, 11 months, and 29 days of active military service from 16 January 1998 to 14 January 2000.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the 81st Regional Support Team.  Staff of the 81st Regional Support Team opined that the applicant was under contract as a DEP soldier from 12 September 1997 through 15 January 1998.  The staff also opined that after a review of the applicant’s records, all documents reflect her active duty entry date as 16 January 1998 and that they could find no reason to change it. 

Army Regulation 635-5, Separation Documents, prescribes the separation documents that must be prepared when a soldier leaves active duty.  It establishes standardized policy for preparing and distributing DD Form 214.  Paragraph 2-4h(12) states that the actual date entered on active duty be recorded in Block 12a.

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

1.  The evidence of record does not support the applicant’s contention she has provided no evidence to support it.  The evidence of record and the 81st Regional Support Team advisory opinion show the applicant was discharged from the DEP and took her oath of enlistment into the RA on 16 January 1998.

2.  In order to complete a full 2-year enlistment, the applicant would have had to serve until 15 January 2000, a Saturday.  Because Transfer and Separation Points do not operate on weekends or holidays, soldiers whose separation dates fall on a Saturday, Sunday, or holiday are separated on the Friday preceding the actual separation date.

3.  The Board concluded that 16 January 1998 was the applicant’s correct date of enlistment and that there is no error in the record nor has the applicant provided proof that she enlisted on active duty on an earlier date.

4.  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

__RJW__  __BJE___  __JPI ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049352	
SUFFIX		
RECON		
DATE BOARDED	20010802	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20000114	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.