MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 October 1999  
	DOCKET NUMBER:    AR1998012720

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Carol Jo Suiter		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:  In effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 31 August 1988 be corrected to show that his date of entry was 29 March 1968 instead of 5 May 1975.  He also requests consideration for promotion to sergeant first class (E-7). He also, in effect, requests back payment for the years of service not shown on his DD Form 214 with an effective date of 31 August 1988.    

APPLICANT STATES:  In effect, that he entered active duty on 29 March 1968 and his DD Form 214 with an effective date of 31 August 1988 shows 5 May 1975.  He contends that it is an injustice that his rank was only E-6 when he retired.  He states that during his last 11 years of service he was not promoted, but had a clean record.  He also contends that the years of service not shown on his DD Form 214 with an effective date of 31 August 1988 were erroneously taken from his 20 years of service.  In support of his application, he submits a DD Form 214 with an effective date of 4 May 1975, a DD Form 214 with an effective date of 31 August 1988 and a copy of his DA Form 2-1 (Personnel Qualification Record).   

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

The applicant was inducted in the Army of the United States on 29 March 1968 and was honorably discharged on 22 July 1969 for immediate reenlistment in the Regular Army.  He reenlisted on 23 July 1969 for a period of 6 years and was honorably discharged on 4 May 1975.  He reenlisted on 5 May 1975 and remained on active duty through continuous enlistments until he retired in the rank of staff sergeant on 31 August 1988.  

The applicant’s military records do not contain a DD Form 214 for the period of service from 29 March 1968 through 22 July 1969.  However, DD Form 
47 (Record of Induction), dated 20 March 1968, indicates the applicant was inducted on 29 March 1968.  Headquarters Kaiserslautern Army Depot Special Orders Number 137, dated 22 July 1969, indicates the applicant was honorably discharged on 22 July 1969.  The applicant’s DD Form 214 with an effective date of 4 May 1975 shows he entered active duty on 23 July 1969.  The applicant’s DD Form 214 with an effective date of 31 August 1988 shows he entered active duty on 5 May 1975.

On 7 October 1987 the 1987 Sergeant First Class (E-7) Promotion Selection Board was convened at Fort Benjamin Harrison, Indiana.  The results of the board were released on 14 October 1987 and indicated that the applicant had been considered but not selected for promotion to the pay grade of E-7 in military occupational specialty 88M.  A review of the applicant’s records shows no indication that he was ever promoted to the pay grade of  E-7.

The applicant’s military records fail to show that he was not paid for the years of service not shown on his DD Form 214 with an effective date of 31 August 1988.
  
Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will not be prepared to cover the current period of service for which a previous DD Form 214 has been issued.  It also states that effective 1 October 1979, DD Form 214’s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. 

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.  The Board noted the applicant’s contention that he entered active duty on 
29 March 1968 and that his DD Form 214 with an effective date of 31 August 1988 shows 5 May 1975.  However, evidence of record shows the applicant was inducted and entered active duty on 29 March 1968 and was honorably discharged on 22 July 1969 for immediate reenlistment.  Although the applicant’s military records do not contain a DD Form 214 covering that period of service, in the absence of evidence to the contrary, it is presumed that a DD Form 214 was prepared for that period of service in accordance with the governing regulation. 

2.  Evidence of record also shows the applicant was properly issued two DD Forms 214 for subsequent continuous enlistments in accordance with the governing regulation.  Therefore, in the absence of evidence to the contrary, it is presumed that the applicant’s date of entry (29 March 1968) is correctly displayed on the DD Form 214 with a separation date of 22 July 1969.  Therefore, he is not entitled to correction of the date of entry on the DD Form 214 with an effective date of 31 August 1988.

3.  Notwithstanding the applicant’s contention that he be considered for promotion to sergeant first class (E-7), evidence of record shows he was properly considered for promotion by the Sergeant First Class Promotion Selection Board for promotion to (E-7) and was not selected in October 1987.  There is no evidence of record, and the applicant has provided no evidence, that a material error existed in the promotion proceedings considered by the 1987 Sergeant First Class Promotion Selection Board.  Therefore, the applicant is not entitled to promotion reconsideration.   

4.  The Board noted the applicant’s request for back payment for the years of service not shown on his DD Form 214 with an effective date of 31 August 1988. However, evidence of record shows the applicant’s length of service appears to be properly reflected on three DD Forms 214.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was not paid for the years of service not shown on his DD Form 214 with an effective date of 31 August 1998. 

5.  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.

6.  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

RVO____  RJW____  CJS_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012720	
SUFFIX		
RECON		
DATE BOARDED	19991021	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19880831	
DISCHARGE AUTHORITY	10 USC 3914  	
DISCHARGE REASON	Retirement – For length of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.	131.0000	
3.	128.0000	
4.		
5.		
6.