DOCKET NUMBER:  AR20090003922 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his electronic records be corrected to show a Reserve Obligation Termination Date of 6 August 2010.

2.  The applicant states, in effect, that the current date, 5 January 2011, shown on the electronic record does not take into consideration his period of service under the Delayed Entry Program (DEP).

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  On 7 August 2002, the applicant enlisted in the Army Reserve for 8 years under the DEP.

2.  The DD Form 4 states, "I understand that this 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."

3.  The DD Form 214 shows the following:

	a.  a Reserve Obligation Termination Date of 6 August 2010;

	b.  service on active duty from 6 January 2003 through 5 July 2008, 5 years and 6 months; and

	c.  a period of DEP from 7 August 2002 through 5 January 2003.

4.  The applicant's integrated Personnel Electronic Records Management System (iPERMS) provides the same information as on the DD Form 214 except it shows a Reserve Obligation Termination Date of 5 January 2011.

5.  The iPERMS record contains no documentation that would negate his period of service under the DEP or extend his period of Reserve service obligation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the current date on the electronic record of 5 January 2011 does not take into consideration his period of service under the DEP.

2.  The applicant enlisted for 8 years on 7 August 2002 under the DEP.  He entered on active duty on 6 January 2003.  His DD Form 214 correctly lists his Reserve Obligation Termination Date as 6 August 2010, 8 years after the date of his enlistment.

3.  The entry in the electronic record either does not credit the applicant with the period of service under DEP or it indicates that he has a Reserve obligation in excess of 8 years.

4.  The available record does not contain any documentation showing an extension of his period of Reserve obligation.  Therefore, it is appropriate to correct the electronic records to show a Reserve Obligation Termination Date of 6 August 2010.

BOARD VOTE:

___x____  ___x____  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant's Reserve Obligation Termination Date as 6 August 2010.



      ___________x______________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090003922



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ABCMR Record of Proceedings (cont)                                         AR20090003922



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