PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            2 September 1999
	DOCKET NUMBER:   AR1999018450

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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 Certificate of Release or Discharge (DD Form 214) be corrected to show that date he entered on active duty as 20 June 74 instead of 16 June 1977 as currently reflected.

3.  The applicant states that his retirement pay is based on his total years of active service and his DD Form 214 should be corrected to show that he served a total of 21 Years, 9 months and 11 days.

4.  The applicant’s military records show that on 20 June 1974, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed training as a watercraft operator.  He was honorably discharged on 15 June 1977, after he completed 2 years 11 months and 26 days of total active service.  

5.  On 16 June 1977, he reenlisted in the Army for a period of 3 years.  He completed 1 year, 1 month and 11 days for this period of service prior to being honorably discharged for the purpose of immediate reenlistment on 27 July 1978.  He was issued a DD Form 214 which appropriately reflects this period of service.

6.  On 28 July 1978, he reenlisted in the Army and he remained on active duty through a series of continuous reenlistments.  He was honorably discharged on 31 March 1996, after he completed 18 years, 9 months and 3 days of total active service for this period.  However, he was issued a DD Form 214 which reflects that, during this period of service, he reenlisted on 16 June 1977 and his net active service is reflected as 18 years, 9 months and 15 days.  Moreover, his DD Form 214 reflects his total prior active service and 2 years, 11 months and 26 days of total active service.

7.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.  It also states that information contained on a previously issued DD Form 214 will not be entered on the preceding DD Form 214.

CONCLUSIONS:

1.  An administrative error occurred during the preparation of the applicant’s DD Form 214 for the period covering his reenlistment on 28 July 1978.  The error resulted in his DD Form 214 reflecting that he entered on active duty on 16 June 1977 instead of 28 July 1978.

2.  Additionally, his net active service and his total prior active was miscalculated as a result of the error.

3.  The evidence of record clearly shows that the applicant was issued a DD Form 214 to reflect his initial enlistment on 20 June 1974.  He was subsequently issued a DD Form 214 to cover his reenlistment on 16 June 1977.  However, his reenlistment on 28 July 1978 is incorrectly reflected on his final DD Form 214 and it shows the date that he entered on active duty as 16 June 1977. Accordingly, his DD Form 214 should be corrected to reflect the appropriate information.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 

a.  by amending the DD Form 214 of the individual concerned to show that he entered on active duty on 28 July 1978;

b.  by showing his net active service for this period as 17 year, 8 months and 3 days; and

c.  by showing his total prior active service as 4 years, 1 month and 8 days.

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

BOARD VOTE:  

___tnk __  ___mkp _  __ja ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR1999018450	
SUFFIX		
RECON		
DATE BOARDED	1999/09/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  190	110.0100	
3.		
4.		
5.		
6.