MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            28 January 1999 
	DOCKET NUMBER:   AC98-12761
                                              AR1998012256

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his report of separation (DD Form 214) be corrected to show that he entered active duty on 16 February 1984.

APPLICANT STATES:  That he enlisted on 16 February 1984 and his DD Form 214 dated 13 July 1884 shows a date of 6 April 1984 which is incorrect and is preventing him from receiving loan guarantees.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the USAR on 17 February 1984.  He was ordered to active duty for training (ADT) for a period of 13 weeks and entered active duty on 6 April 1984.  

He successfully completed his basic training and remained at Fort Leonard Wood Missouri to complete his advanced individual training (AIT) as combat engineer.  He successfully completed his AIT and was released from active duty on 13 July 1984 and was returned to his USAR unit in Massachusetts.

At the time of his separation his DD Form 214 was prepared to reflect that he entered active duty on 6 April 1984 and that he was separated on 13 July 1984.  His DD Form 214 also shows that he had 1 month and 19 days of prior inactive service which accounts for his service from the day of his enlistment until the day he entered active duty.

The applicant continued to serve in the USAR until he was honorably discharged on 9 February 1993.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 will only be prepared upon separation from a period of active duty of 90 days or more.  The DD Form 214 will be prepared to reflect the date the period of active service began and the date it ended.  Previous periods of active and inactive service will entered in terms of total amount of service performed in those categories.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The evidence of record clearly shows that the applicant entered active duty on 6 April 1984 and his DD Form 214 correctly reflects that information in accordance with the applicable regulations.  His prior inactive service is correctly reflected on his DD Form 214 as well.

3.  The applicant has failed to show through the evidence submitted with his application or the evidence of record that the date he entered active duty is incorrectly depicted on his DD Form 214.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rwg ___  ___ls ___  ___clg __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12761/AR1998012256	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110.0100		
2.		
3.		
4.		
5.		
6.