IN THE CASE OF: BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160005291 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160005291 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. Correcting the applicant’s DD Form 4, dated 19 June 2002, to show in: * Section A (Enlistee/Reenlistee Identification Data), item 5 – his date of enlistment as “20011025,” the date he enlisted in the Delayed Entry Program * Section B (Agreements), item 8, that he enlisted in the “Army Reserve” * Section B, item 8(a) “20020619,” his report date to the Oklahoma City Military Entrance Processing Station for enlistment in the Regular component of the United States “Army” for not less than “3” years * Section F (Discharge from Delayed Entry/Enlistment Program) – his enlistment into the “Army” for a period of “3” years and “00” weeks with no changes to his enlistment options or the applicable annex(es) b. Prepare a memorandum to address the absent signatures in Section G (Approval and Acceptance by Service Representative) and Section H (Confirmation of Enlistment or Reenlistment). c. Enter “CORRECTED COPY” at the top and bottom of each page corrected and attach those corrected pages to the original page(s). 2. As a result of the above corrections, item 18 of his DD Form 214 ending on 18 June 2005, should be corrected by adding the entry “PERIOD OF DEP 20011025 – 20020618.” _____________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. IN THE CASE OF: BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160005291 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 correction of his DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), dated 19 June 2002, to show his period of service in the Delayed Entry Program (DEP). 2. He states that he entered the DEP/U.S. Army Reserve (USAR) for a period of 8 years at the Oklahoma City Military Entrance Processing Station (MEPS) on 25 October 2001. His enlistment period in the Army Reserve was 8 years; however, his DD Form 4 reflects the date that he enlisted in the Regular Army without reference to his DEP service dates. 3. He provides: * DD Forms 4/1 and 4/2, dated 18 June 2002 * U.S. Army Recruiting Command (USAREC) Form 1150-R-E (Statement of Understanding - USAREC Addendum to DD Form 1966 Series), dated 25 October 2001 CONSIDERATION OF EVIDENCE: 1. The applicant's military record contains his: a. DD Form 1966 (Record of Military Processing – Armed Forces of the United States) which shows in Section II (Examination and Entrance Data Processing Codes) that he entered the DEP on 25 October 2001 and he enlisted in the Regular Army on 19 June 2002 for a period of 3 years. b. USAREC Form 978 (Statement of Understanding-Regular Army Enlistment Delay for Applicants with Prior Service or an Existing Military Service Obligation), dated 25 October 2001, which shows he acknowledged and understood he must remain fully qualified for enlistment into the Regular Army on 19 June 2002 for a period of 3 years. c. DD Form 4/1, which shows in: * item 5 (Date of Enlistment/Reenlistment) – 20020619 * item 8 – I am enlisting/reenlisting in the United States “ARMY” this date for “3” years and “00” weeks beginning in pay grade “E-2.” * item 8(a) – no information related to enlistment in the DEP 2. His available military record does not contain a completed DD Form 4/3 showing he was discharged from the USAR and enlisted the Regular Army. 3. The applicant was released from active duty on 18 June 2005 and transferred to the USAR Control Group (Reinforcement). His DD Form 214 lists his Reserve obligation termination date as 18 June 2010. Item 18 (Remarks) does not contain DEP dates. 4. The Chief, Personnel Management Division, Headquarters, USAR Command provided an advisory opinion, dated 8 August 2017. This advisory official states: a. The applicant enlisted in the USAR on 7 December 2000 and was discharged on 8 August 2001 without completing his initial military training. As such, he was eligible to reenlist under the provisions of Army Regulation 610-210 (Regular Army and Army Reserve Enlistment Program) as a glossary non-prior service (NPS) applicant, having been separated with less than 180 days of active duty time. b. This advisory official recommended the applicant be granted relief by directing correction of his enlistment contract, dated 19 June 2002, to reflect his enlistment in the USAR on 25 October 2001 for a period of 8 years. His enlistment should include his entry in the DEP and enlistment in the Regular Army on 19 June 2002 for not less than 3 years. 5. The applicant was provided a copy of this opinion. He did not respond during the time allowed. REFERENCES: 1. Army Regulation 601-210 states: a. NPS applicants may enlist in the Reserve DEP with an authorized delay for 365 days. Enlistment in the DEP is authorized for members of the Reserve Component (RC) who did not attend any portion of initial active duty training and are released by the RC to process into the Regular Army. b. That “CORRECTED COPY" will be printed in block letters at the top and bottom of each corrected page of the revised DD Form 4. The corrected pages of the DD Form 4 will be attached to the original DD Form 4. 2. Army Regulation 635-5 further states DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in item 12c of the DD Form 214. However, it is creditable service for completing the statutory military service obligation and will be entered in item 18 (Remarks) of the DD Form 214. DISCUSSION: 1. The applicant contends his DEP service is not shown on his DD Form 4, dated 19 June 2002. 2. The applicant’s DD Form 4 currently shows he enlisted in the Regular Army on 19 June 2002. However, his record confirms he served in the USAR/DEP from 25 October 2001 to 18 June 2002. The USAR Command completed a thorough review of his military service and recommends that his contract be corrected to include his DEP service. 3. Additionally, the evidence would support a recommendation to correct item 18 of his DD Form 214, dated 18 June 2005, to show his DEP period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005291 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005291 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2