PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           03 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002072846

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		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 the orders discharging him from the Army Reserve on 17 December 1997 be corrected to show his discharge date as         5 February 1998, the terminal date of his Reserve obligation.

3.  The applicant states the date of his discharge does not correspond with the date on his 27 September 1997 DD Form 214.  Furthermore, he attended drill in January 1998 as scheduled and received drill pay.  Since 5 February 1998 was the end of his eight year commitment, he was not required to attend drill thereafter.  The applicant submits a copy of his DD Form 214 and his discharge order.  The bank records that he states that he provides with his request is not included with his application. 

4.  The applicant’s military records show that he enlisted in the Army Reserve delayed entry program (DEP) for 8 years on 6 February 1990.  He was discharged from that program upon his enlistment in the Regular Army for            4 years on 5 February 1991.  He had continuous active service until his release from active duty on 27 September 1997.  On 31 July 1997, prior to his release from active duty, the applicant voluntarily elected to serve in the Selected or Ready Reserve.  His DD Form 214 shows that he was transferred to the        7223 Medical Support Section 1, in Mobile, Alabama.  That form shows that the terminal date of his Reserve obligation is 5 February 1998.    

5.  Orders Number 351-67, Headquarters, 81st Regional Support Command, show that the applicant was discharged from the Army Reserve on 17 December 1997 under the provisions of Army Regulation 135-178, chapter 11.

6.  Army Regulation 135-178, chapter 11, provides for the discharge of enlisted soldiers from the Army Reserve upon completion of their period of statutorily obligated service. 

7.  Army Regulation 135-91 prescribes policies and procedures governing the various types of service obligations, and states in pertinent part, that effective      1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.  

CONCLUSIONS:

1.  The applicant’s 8-year enlistment on 6 February 1990 was mandated by law.   Consequently, the terminal date of his military service obligation was 5 February 1998 as indicated on his DD Form 214.  

2.  He was discharged on 17 December 1997, prior to the ending period of his statutory military obligation.  Because the order shows that he was discharged upon the completion of his statutory military service, the discharge date of          17 December 1997 is obviously an error.  Consequently, this discharge is incorrect, is null and void, and of no force or effect.   

3.  The applicant’s records should be corrected to show that he was discharged from the Army Reserve on 5 February 1998. 

4.  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 revoking the order discharging the applicant from the Army Reserve on 17 December 1997.  That order is null and void and of no force or effect.

     b.  by showing that the applicant was discharged from the Army Reserve on    5 February 1998.

BOARD VOTE:  

__INW __  __WTM__  __CG  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072846	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021003	
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.	110.00	
2.		
3.		
4.		
5.		
6.