PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:            16 June 1999
	DOCKET NUMBER:    AR1998013539

	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. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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.

2.  The applicant requests that his discharge from the Pennsylvania Army National Guard (PAARNG) be changed from 18 November 1976 to 22 December 1976.

3.  The applicant states that he enlisted in the US Army Reserves Delayed Entry Program on 23 December 1976 as supported by his enlistment contract and the Armed Forces Examination and Entrance Station (AFEES) Orders 253-3, dated 23 December 1976.  However, the AFEES had previously issued erroneous orders 228-7, dated 19 November 1976, and based on that order the PAARNG incorretly discharged him from the ARNG on 18 November 1976 instead of the correct date of 22 December 1976 thus creating a gap in his service.  He attaches copies of the referenced orders to his DD Form 149 except for the 
18 November 1976 discharge order in question.

4.  The applicant’s military records show that he enlisted in the PAARNG on 
15 October 1975 and was incorrectly discharged on 18 November 1976.  He enlisted in US Army Reserves Delayed Entry Program on 23 December 1976 and subsequently enlisted in the Regular Army on 11 January 1977.  There is also an erroneous order for enlistment in the US Army Reserves Delayed Entry Program on 19 November 1976 which does not appear to have been rescinded .  He was honorably released from active duty on 7 January 1981 and transferred to the USAR Control Group, St. Louis.  On 10 September 1981, he enlisted in the PAARNG and has served there continuously (with a two year break from 
10 September 1982 to 20 March 1984) to the current date.

CONCLUSIONS:

1.  The erroneous AFEES(Wilkes-Barre, Pennsylvania) Order 228-7. dated 
19 November 1976, showing the applicant's enlistment in the USAR on that date should be rescinded.  The correct enlistment order is AFEES Order 253-3, dated 
23 December 1976, showing the applicant's enlistment in the USAR on 
23 December 1976.

2.  The NGB Form 22, Report of Separation and Record of Service, for the period 15 October 1975 to 18 November 1976 should be amended to show the period of service as 15 October 1975 to 22 December 1976.

3.  The applicant should be issued a NGB Form 55, Honorable Discharge, with effective date of 22 December 1976 for this period.

4.  The PAARNG Orders 38-3 dated 23 February 1977 should be amended to change the applicant's effective discharge date from 18 November 1976 to 
22 December 1976.

5.  The applicant's NGB Form 23B, Retirement Point History Statement, should be corrected by consolidating the two entries for retirement years 76/10/15 to 76/11/18 and 76/11/19 to 76/12/22 to show one retirement period, 76/10/15 to 76/12/22 with consolidated points.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  rescinding the erroneous AFEES(Wilkes-Barre, Pennsylvania) Order 228-7, dated 19 November 1976, showing the applicant's enlistment in the USAR on that date;

	b.  amending the NGB Form 22, Report of Separation and Record of Service, for the period 15 October 1975 to 18 November 1976 to show the period of service as 15 October 1975 to 22 December 1976;

	c.  issuing a NGB Form 55, Honorable Discharge, with effective date of 
22 December 1976 for the period of service 15 October 1975 to 22 December 1976; 

	d.  amending the PAARNG Orders 38-3, dated 23 February 1977, to change the effective discharge date from 18 November 1976 to 22 December 1976; and

	d.  correcting the applicant's NGB Form 23B, Retirement Point History Statement, by consolidating the two entries for retirement point periods 76/10/15 to 76/11/18 and 76/11/19 to 76/12/22 to show one retirement point period, 76/10/15 to 76/12/22 with consolidated points.

BOARD VOTE:  

_jlp_____  _tap_____  _ewl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Jennifer L. Prater_____________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998013539	
SUFFIX		
RECON		
DATE BOARDED	19990616YYYYMMDD	
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.		
2.		
3.		
4.		
5.		
6.