MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           01 AUGUST 2002                   
	DOCKET NUMBER:   AR2002072394

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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, the applicant requests that his DD Form 214 be corrected to reflect his period of time in the delayed entry program (DEP).  He requests that the net active service time on his 18 March 1994 DD Form 214 show that he had 4 years of service vice the 3 years, 6 months, and 15 days shown.     

APPLICANT STATES:  That his DEP time was not calculated into military service commitment as shown in his enlistment/reenlistment contract.  He entered the DEP on 13 March 1990, six months prior to his entry on active duty.  That six months should have been credited to his four year enlistment. 

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

The applicant enlisted in the Army Reserve for 8 years on 13 March 1990.  His enlistment contract (DD Form 4/1) states, “I understand that I will be ordered to active duty as a Reservist unless I report to the place shown in item 4 above [Chicago MEPS Des Plaines IL] by 0530 90 SEP 4 for enlistment in the Regular component of the United States Army for not less than 4 years.  My enlistment in the DEP is in a nonpay status.  I understand my period of time in the DEP is NOT creditable for pay purposes upon entry into a pay status.  However, I also understand that this time is counted toward fulfillment of my military service obligation or commitment.”   

The reverse of the DD Form 4/1 states in pertinent part, “If this is my initial enlistment, I must serve a total of eight (8) years.  Any part of that service not served on active duty must be served in a Reserve Component unless I am sooner discharged.”

The applicant was discharged from the DEP upon his enlistment in the Regular Army for four years on 4 September 1990.

The applicant was discharged under other than honorable conditions for misconduct on 18 March 1994.  He had 3 years, 6 months, and 15 days service.  His DD Form 214 shows that he was in the DEP from 13 March 1990 to              3 September 1990.  In June 1997 the Army Discharge Review Board upgraded the applicant’s discharge to under honorable conditions (general).

The Department of Defense Financial Management Regulation defines creditable and non creditable service.  Service as an enlisted member in a Reserve Component, including Ready Reserve service (inactive and active) under the Delayed Entry (Enlistment) Program (DEP), before beginning active duty, is deemed creditable service, provided the Reserve enlistment was entered into before 1 January 1985.  Enlistments between 1 January 1985 and 28 November 1989 are not creditable.  Enlistments entered into on or after 29 November 1989 including inactive service under a DEP, is creditable serve only if the member performs inactive duty training before beginning active duty or an initial period of active duty for training.  Service performed as an enlisted member in a Reserve Component other than a period of active duty is not creditable service.

Army Regulation 635-5 provides instructions for the preparation of the              DD Form 214 and states in effect that the amount of service will be entered in item 12c (net active service this period) of that form.  It also states that DEP time which began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in item 12e (total prior inactive service). 

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.  The applicant’s period of time in the DEP was not active service, nor is it creditable service.  His DD Form 214 is correct.  He had 3 years, 6 months, and 15 days of net active service during his enlistment period.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.  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 that requirement.

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

__SAC __  __MHM__  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2002072394	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
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.