ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20160015402 APPLICANT REQUESTS: service credit for the period 14 August 1987 to 1 August 1988, to reflect 25 year, 6 months and 14 days of service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 030-0002 (Retirement Orders) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states his current retirement orders are incorrect, they reflect 24 years, 6 months and 14 days, it should read 25 years, 6 months and 14 days as officially stated on his Army Human Resource Command (HRC) Chronological Statement of Retirement Points sheet. The applicant states his retirement orders were produced by someone doing too many tasks and were busy during the course of the day with multiple tasks as a simple cause of the error. It appears it was a simple type of error and the issue is affecting his current retirement pay issue. He reports it has not been correct for three and a half years since his retirement. It was a potential common inadvertent simple type of error in the processing. 2. Retirement Orders 030-0002, dated 30 January 2013 show: * 28 February 2013 is the applicant's effective date of retirement * 1 March 2013, applicant placed on retirement list * voluntarily retirement with 24 years, 6 months and 29 days * basic pay at 24 years, 6 months, and 29 days * 11 January 1996 is the effective date for the applicant's total active federal commissioned service date * 14 August 1987 is the applicants date of initially entering military 3. On 14 August 1987 the applicant signed a DD Form 4 (Enlistment/ Reenlistment Document) showing: * he agreed to enlist in the United States Army Reserves, enlisting in the delayed entry/enlistment program (DEP) * his enlistment in the DEP is in a non-pay status and is not creditable for pay purposes upon entry into a pay status * DEP counts as time toward fulfillment of his military service obligation or commitment * on 2 August 1988 the applicant request to be discharged from the DEP and enlist in the Regular Army 4. The applicant provided a DD Form 214 showing the date entered active duty of this period was 11 January 1996. He received an honorable discharge 28 February 2013 5. HRC Chronological Statement of Retirement points, dated 28 May 2015 show the applicant completed 25 years, 6 months and 14 days qualifying for retirement, and 9330 total points creditable. 6. On 18 December 2018, Army HRC Chief, Officer Retirements and Separation Branch provided an advisory opinion. The chief advisor found after a review of the applicant's records the applicant enlisted in the delayed entry program (DEP) on 14 August 1987. He enlisted in the Regular Army on 2 August 1988. Time spent in DEP is not creditable for active service. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 7. A copy of the advisory opinion was provided to the applicant on 21 December 2018, and he was given an opportunity to submit comments, but he did not respond. 8. Army Regulation (AR) 140-10 (Assignments, Attachments, Details and Transfers) show the Delayed Entry Program is a program where soldiers may enlist and who are assigned to USAR control group (DEP) until they enlist in the Regular Army. 9. Department of Defense (DOD) 7000.14-R (Financial Management Regulation Volume 7A: Military Pay Policy-Active Duty and Reserve Pay) shows Creditable Service include the following periods of 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 or an initial period of Active Duty Training (ADT), provided the Reserve enlistment was entered into before January 1, 1985. As of January 1, 1985, the following restrictions went into effect as and when stated: * For enlistments in a Reserve Component under Title 10, United States Code (U.S.C.), section 12103(b) or (d), including enlistments under a DEP, that were entered into between January 1, 1985, and November 28, 1989, the period served in the Reserve Component before beginning active duty or an initial period of ADT is not creditable; or * For enlistments entered into on or after November 29, 1989: o A period of enlisted service in a Reserve Component under 10 U.S.C. § 12103(b) or (d), including inactive service under a DEP, is creditable service only if the member performs Inactive Duty Training (IDT) before beginning active duty or an initial period of ADT; or o Service performed as an enlisted member in a Reserve Component under 10 U.S.C. § 513, other than a period of active duty, is not creditable service; or BOARD DISCUSSION: After review of the application and all evidence, the Board determent there is insufficient evidence to grant relief. The applicant’s contentions and the advisory opinion were carefully considered. Based upon the preponderance of evidence, and the advisory opinion, the Board agreed the record is correct, and there is no need to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Army Regulation (AR) 140-10 (Assignments, Attachments, Details and Transfers) show the Delayed Entry Program is a program where soldiers may enlist and who are assigned to USAR control group (DEP) until they enlist in the Regular Army. 2. Department of Defense (DOD) 7000.14-R (Financial Management Regulation Volume 7A: Military Pay Policy-Active Duty and Reserve Pay) shows Creditable Service include the following periods of 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 or an initial period of Active Duty Training (ADT), provided the Reserve enlistment was entered into before January 1, 1985. As of January 1, 1985, the following restrictions went into effect as and when stated: * For enlistments in a Reserve Component under Title 10, United States Code (U.S.C.), section 12103(b) or (d), including enlistments under a DEP, that were entered into between January 1, 1985, and November 28, 1989, the period served in the Reserve Component before beginning active duty or an initial period of ADT is not creditable; or * b. For enlistments entered into on or after November 29, 1989: o A period of enlisted service in a Reserve Component under 10 U.S.C. § 12103(b) or (d), including inactive service under a DEP, is creditable service only if the member performs Inactive Duty Training (IDT) before beginning active duty or an initial period of ADT; or o Service performed as an enlisted member in a Reserve Component under 10 U.S.C. § 513, other than a period of active duty, is not creditable service; //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160015402 3 1