MEMORANDUM OF CONSIDERATION

	

	BOARD DATE:              5 May 1999
	DOCKET NUMBER:      AC98-10498
      AR1998007847

	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. Wyman N. Bailey		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. John A. Spauto		Member	
	Mr. Roger W. Able		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 the date he entered active duty be changed to show he entered active duty on 13 February 1976. 

APPLICANT STATES:  He states that he initially entered active duty on 13 February 1976 and that the enclosed Medical Board Proceedings show the same date.  In support of his requests he enclosed a copy of the Medical Board Proceedings, and a copy of his separation document (DD Form 214) issued to him on 19 December 1978 showing the date he entered active duty, this period, as 17 February 1976.   

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

He initially enlisted in the Regular Army for a period of 3 years, on 17 February 1976.  The DD Form 214, issued to him on 19 December 1978, block 16a (Net Active Service This Period) shows 2 years, 10 month and in block 27 (Remarks), shows that he had reenlisted.  

He again reenlisted for a period of 3 years on 17 September 1981, and the DD Form 4/1 (Enlistment/Reenlistment Document) prepared at the time shows in block 9a (Previous Military Service Upon Enlistment/Reenlistment)(Total Active Military Service) 5 years, and 7 months.  He further extended this reenlistment for 4 months on 24 May 1982.  

He was discharged on 17 April 1984, due a physical disability with severance pay.  The DD Form 214 issued to him on 17 April 1984, in block 12 (Record of Service) 12a (Date Entered Active Duty This Period) shows 20 December 1978, 12b (Separation Date This Period) shows 17 April 1984, 12c (Net Active Service this Period), shows 5 years, 3 months and 28 days, and 12d (Total Prior Active Service) shows 2 years, 10 months, and 3 days.  Block 18 (Remarks) shows that the applicant had an immediate reenlistment this period and that he was credited for service from 20 December 1978 to 16 September 1981.  

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 DD Form 214 issued to the applicant on 17 April 1984 shows he was credited for the 2 years, 10 months, and 3 days in block 12d and in block 18 of this same DD Form 214 it shows that he had an immediate reenlistment on 20 December 1978.  This DD Form 214 appears correct.   

2.  The DD Form 214 issued to the applicant on 19 December 1978 was issued to him to substantiate his entering active duty on 17 February 1976 and being separated on 19 December 1978.  This DD Form 214 also appears correct.   

3.  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

_RWA__  ___JAS___  ___JA__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10498/AR1998007847	
SUFFIX		
RECON		
DATE BOARDED	19990505	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.		

SFMR-RBR - 1st End    (5 May 99 Docket Number AC98-10498/AR1998007847)
SUBJECT:  ABCMR Memorandum of Consideration

HQDA, ABCMR, Arlington, Virginia  22202-4508                7 Jun 99
 
TO:  US Army Review Boards Agency Support Division - St. Louis 
	ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri  	63132-5200

1.  The application submitted by the individual concerned has been denied by the Army Board for Correction of Military Records.

2.  Prior to closing out the case, please refer to any Note contained in the Determination portion of the Board's Memorandum of Consideration, and take such administrative action as may be contained therein.

Encls						Loren G. Harrell  
						Director

CF:
(  ) OMPF
(  ) SFMR