ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
		BOARD DATE:  23 September 2019

		DOCKET NUMBER:  AR20180014731


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to remove the entry in the remarks block relating to his 
period in the Delayed Entry Program (DEP).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214

FACTS:

1.  The applicant states the documentation is false.  The DEP period never should have 
been accounted for in his time in service.

2.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the 
United States) shows he enlisted in the U.S. Army Reserve under the DEP on 22 April 
2014 for a period of 8 years with an agreement to enlist in the Regular Army by 22 July 
2014 for a period of not less than 4 years.

	a.  Section B (Agreements), item 8a, states, in part:  "I understand that the period of 
time while I am in the DEP is NOT creditable for pay purposes upon entry into a pay 
status.  However, I also understand that the period of time while I am in the DEP is 
counted toward fulfillment of my military service obligation..."

	b.  Section F (Discharge from DEP), item 20a, shows he was discharged from the 
DEP and enlisted in the Regular Army on 22 July 2014 for a period of 4 years.

3.  His DD Form 214 shows he was released from active duty on 21 July 2018 by 
reason of completion of required active service.  He completed 4 years and 3 months of 
active service during this period with no prior active or inactive service.  Item 18 
(Remarks) contains the entry "BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  
20140422-20140722."

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, his record of 
service, the entries on his enlistment contract (DD From 4), the reason for his 
separation and the service recorded on his DD form 214.  The Board considered Army 
Regulation specific to Separation Processing and Documents.  Based on a 
preponderance of evidence, the Board determined that the entry for DEP and service 
recorded on the applicant’s DD Form 214 upon separation was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



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 600-8-104 (Army Military Human Resource Records Management) 
prescribes Army policy for the creation, utilization, administration, maintenance, and 
disposition of the Army Military Human Resource Record.  Paragraph 5-3 (Date of Initial 
Entry to Military Service (DIEMS) or Date of Initial Entry to Uniformed Services) 
provides that the date of initial entry to military service or date of initial entry to 
Uniformed Services is the date an individual enlisted (Active or Reserve Component) 
into military service for the first time.  This date is fixed and does not change.  The 
DIEMS for members who enlisted under the DEP is when they entered the DEP, not 
when they initially reported for duty.  For those who joined the Reserve Component and 
later joined the Active Component, their DIEMS is the date they joined the Reserve 
Component.

2.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or the custody and control of the Army.  It establishes 
standardized policy for preparation of the DD Form 214.  The detailed instructions for 
block 18 (Remarks) states "For Soldiers who have DEP time on or after 1 January 1985, 
enter "BLOCK 6 – PERIOD OF DELAYED ENTRY PROGRAM (inclusive period of DEP 
time)."

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20180014731


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