MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 October 1998
	DOCKET NUMBER:   AC98-09385

	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. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Robert W. Garrett		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 be corrected to show that he served 7 years of total active service and that he was a Vietnam Era veteran.

APPLICANT STATES:  That he does not believe he received full credit for his 7 years of active duty on his DD Form 214 and it does not reflect that he is a Vietnam Era veteran.

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

The applicant enlisted on 13 November 1974 for a period of 2 years and assignment to Europe.  He successfully completed his training as an infantry indirect fire crewman and was promoted to the pay grade of E-4 on 3 March 1976.

On 7 October 1976, while stationed in Germany, he reenlisted for a period of 5 years with an assignment to Fort Ord, California and payment of a selective reenlistment bonus.  He was promoted to the pay grade of E-5 on 14 June 1978.

He continued to serve until he was honorably discharged on 4 November 1981 due to his scheduled expiration of term of service.  His DD Form 214 reflects that he served 5 years and 28 days during his current enlistment and that he had served 1 year, 10 months, and 24 days of prior active service during his initial enlistment for which a DD Form 214 was issued on 6 October 1976 in connection with his immediate reenlistment.  He had served a total of 6 years, 11 months, and 22 days of total active service.

Army Regulation serves as the authority for the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to contain information that has already been included in a previously issued DD Form 214. 

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 applicant’s service is properly computed and annotated on his DD Form 214 dated 4 November 1981.  He initially enlisted on 13 November 1974 and served until 4 November 1981, which was 8 days less than 7 years of Active Federal Service.  Consequently, there is no basis to grant him credit for service he did not perform.

3.  By virtue of the period in which he served, the applicant is by law considered a Vietnam Era veteran and no annotation to that effect is required 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

___EW__  __RWG _  __JS____  DENY APPLICATION

						Loren G. Harrell
						Director