MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:           

	BOARD DATE:            25 February 1999 
	DOCKET NUMBER:   AR1999018339

	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. James M. Alward		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Samuel Calderon		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 (Report of Transfer or Discharge) with an effective date of 23 July 1972 be corrected to show that his date of entry was 19 October 1969 instead of 13 October 1969.  

APPLICANT STATES:  In effect, that his date of entry was 19 October 1969 and his DD Form 214 shows 13 October 1969.  In support of his application, he submits copies of four DD Forms 214.       

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

On 24 April 1960 he enlisted in the Army National Guard and was honorably discharged on 26 April 1966.  He enlisted in the Regular Army on 13 October 1969 for a period of 3 years, remained on active duty through a series of continuous reenlistments and was advanced to pay grade E-6 on 13 August 1977.  He was honorably discharged under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service on 30 September 1983.

DA Form 4 (Enlistment Contract – Armed Forces of the United States), dated
13 October 1969, indicates the applicant voluntarily enlisted in the United States Army on 13 October 1969 for a period of 3 years.  Armed Forces Examining and Entrance Station Special Orders Number 199, dated 13 October 1969, shows the applicant enlisted in the Regular Army effective that date.  The applicant’s DD Form 214 with an effective date of 23 July 1972, which is authenticated in his own hand, shows “13 October 1969” as his date of entry.  

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the date entered in item number 17c (Date of Entry) of the DD Form 214 will be the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued under paragraph 1-4b(5).

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.  Notwithstanding the applicant’s contention that he entered active duty on
19 October 1969, the evidence of record shows he entered active duty on
13 October 1969.  Therefore, the date of entry is correctly displayed on the applicant’s DD Form 214 with an effective date of 23 July 1972.

2.  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.

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

___sc___  ___jlp ___  ___ja ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018339	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/25	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110.000		
2.  100.020		
3.		
4.		
5.		
6.