PROCEEDINGS

	IN THE CASE OF:     	

	BOARD DATE:           23 September 1998                   
	DOCKET NUMBER:   AC98-10513

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr. 		Chairperson	
	Mr. Fred N. Eichorn 		Member	
	Mr. George D. Paxson 		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, in effect, correction of his DD Form 214 to show his correct date of induction and his Reserve time.

3.  The applicant states he served 2 years and 20 days on active duty and          2 years in the Reserve.

4.  The applicant’s military records show that he was inducted into the Army on   9 December 1968.  He was held for the convenience of the government for      20 days pending completion of his special court-martial, held on 18 December 1970, for which he was found guilty of wrongfully communicating a threat.  He was released from active duty on 28 December 1970 and transferred to the U. S. Army Reserve.  He was discharged from the U. S. Army Reserve on 1 December 1974.

5.  The DD Form 214, Certificate of Release or Discharge from Active Duty, is a synopsis of the soldier’s most recent period of continuous active duty.

CONCLUSIONS:

1.  Block 10c of the applicant’s DD Form 214 is incorrect.  It should reflect his induction date as 9 December 1968, not 9 December 1970.

2.  Block 11d of the applicant’s DD Form 214 is correct.  He was released from active duty on 28 December 1970.

3.  Block 22a(2) of his DD Form 214 is correct.  He did not complete his Reserve service until after 28 December 1970.

4.  In view of the foregoing, it would be proper to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was inducted on 9 December 1968.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON