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					                                    PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                28 November 2000
      DOCKET NUMBER:           AR2000039914


      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
       Mr. Walter Avery, Jr.                               Analyst


  The following members, a quorum, were present:

       Ms. Margaret K. Patterson                           Chairperson
       Mr. Wilford A. Hale                                 Member
       Mr. John H. Kern                                    Member

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military
               records
      Exhibit B - Military Personnel Records (including
                   advisory opinion, if any)

FINDINGS:

1. The applicant has exhausted or the Board has waived the requirement for
exhaustion of all administrative remedies afforded by existing law or regulations.
ABCMR Proceedings (cont)
AR2000039914

2. The applicant requests that the reserve obligation termination date on his DD Form
214, (Discharge Document) be corrected. He also requests payment of any pay or
benefits that may be caused by a correction, and lastly that he be allowed to continue to
serve in the Army.

3. The applicant states that his original reserve obligation termination date was
established as 12 April 1999. During a records review it was discovered that his
reserve obligation termination date had been changed to 8 October 2000.

4. In support of his application he submitted a letter from his company commander.
The letter states that during an interview with a retention noncommissioned officer it
was discovered that the applicant’s reserve obligation termination date was incorrect,
and that the applicant had served beyond his termination date. He requested that the
applicant’s reenlistment documents be corrected.

5. The applicant’s military records show he enlisted into the US Army Reserves on 14
April 1991 with a military service obligation of 8 years.

6. A DD Form 214 issued with the separation date of 17 August 1992 incorrectly
reflects a reserve obligation termination date of 12 April 1999 (the correct date was 13
April 1999).

7. A DD Form 214 issued with the separation date of 27 March 1998 incorrectly
reflects a reserve obligation termination date of 8 October 2000 (the correct date was 13
April 1999).

8. A member of the staff of the Board contacted the applicant. The applicant informed
the staff member that subsequent to submitting his application he has reenlisted and
had suffered no interruption of pay.

CONCLUSIONS:

1. The evidence present in the applicant’s record supports his contention that the 8
October 2000 reserve obligation termination date currently reflected in his record is
incorrect. Therefore, he is entitled to a correction of his military records to show that
his reserve obligation termination date was 13 April 1999.

2. In view of the foregoing, the applicant’s records should be corrected as
recommended below.




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ABCMR Proceedings (cont)
AR2000039914

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by
showing that the reserve obligation termination date of the individual concerned was 13
April 1999.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

____mkp     _____wah ____jhk _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                   __________Margaret K. Patterson_
                                         CHAIRPERSON




                                           3
ABCMR Proceedings (cont)
AR2000039914


                                    INDEX

CASE ID                    AR2000039914
SUFFIX
RECON                      YYYYMMDD
DATE BOARDED               20001128
TYPE OF DISCHARGE          (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE          YYYYMMDD
DISCHARGE AUTHORITY        AR . . . . .
DISCHARGE REASON
BOARD DECISION             GRANT
REVIEW AUTHORITY
ISSUES        1.           113.01
           2.
           3.
           4.
           5.
           6.




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