RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 August 2005 DOCKET NUMBER: AR20050000906 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. Beverly A. Young Analyst The following members, a quorum, were present: Mr. James Vick Chairperson Mr. Ronald Weaver Member Mr. Robert Rogers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that the Reserve obligation termination date be removed from item 6 on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states that he does not have any Reserve obligations remaining. He states that he served continuously from 25 May 1977 through 30 September 1998 with a total of 21 years, 4 months and 6 days of active service. 3. The applicant provides a copy of his DD Form 214, his retirement orders and his reassignment orders to the U.S. Army Transition Point in Fort Shafter, Hawaii. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 30 September 1998. The application submitted in this case is dated 10 January 2005. 2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. On 13 April 1977, the applicant enlisted in the U.S. Army Reserve under the delayed enlistment program for six years. He enlisted in the Regular Army on 25 May 1977 for a period of four years. He was discharged on 13 October 1981 for the purpose of immediate reenlistment. 4. The applicant reenlisted on 14 October 1981 and continued to serve on active duty through a series of reenlistments. 5. Orders were published by Headquarters, 25th Infantry Division (Light) and U.S. Army Hawaii on 9 January 1998, which reassigned the applicant to the U.S. Army Transition Point with an effective date of 30 September 1998. 6. Accordingly, the applicant was released from active duty on 30 September 1998. On the date following, he was placed on the retired list. He had completed 21 years, 4 months and 6 days total active military service. 7. At the time of release from active duty, the applicant's DD Form 214 was prepared to show the entry "2007 04 12" in item 6. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states that the Reserve obligation termination date refers to the completion date of the statutory service obligation incurred by all personnel on initial enlistment or appointment into the Armed Forces. This regulation states that the military service obligation (MSO) starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, and the U.S. Army Reserve to include Delayed Entry Program. The regulation also states that Soldiers discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, enter "00 00 00" and Soldiers within 90 days of their MSO termination date at separation will be considered to have completed their MSO and "00 00 00" will be entered. 9. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), chapter 2, paragraph 2-1 states that the statutory MSO is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment. It states that before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces. DISCUSSION AND CONCLUSIONS: 1. The applicant initially enlisted in the U.S. Army Reserve on 13 April 1977 for a period of six years and entered active duty on 25 May 1977. 2. The applicant completed his Reserve service obligation in April 1983. However, at the time of his retirement in September 1998, his DD Form 214 was incorrectly prepared to reflect a Reserve obligation termination date of 12 April 2007. 3. Based on the governing regulation, the applicant should have been released from active duty with no further military obligation. Therefore, it would be appropriate to amend item 6 on his DD Form 214 to show the entry "00 00 00." 4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 1998; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 September 2001. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: JV______ RW______ RR______ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 6 on his DD Form 214 to show the entry "00 00 00." James Vick____________ CHAIRPERSON INDEX CASE ID AR20050000906 SUFFIX RECON YYYYMMDD DATE BOARDED 20050818 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY Mr. Schneider ISSUES 1. 100.0000 2. 3. 4. 5. 6.