MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 September 1999
	DOCKET NUMBER:   AR1999018589

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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 effective date of release from active duty listed in block 11d of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to 30 November 1969.

APPLICANT STATES:  In effect, that he was released from active duty on 
30 November 1969, not on 22 April 1969 which is the date recorded on the 
DD Form 214 issued him at discharge.  The applicant goes on to claim that he did not discover this error until he recently applied for veterans benefits, and he provides an Honorable Discharge Certificate (DD Form 256A) in support of his claim.

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

On 3 December 1963 the applicant enlisted in the United States Army Reserve (USAR) for a period of 6 years.  While a member of the USAR the applicant successfully completed basic training and advanced individual training (AIT) at Fort Dix, New Jersey.  Upon completion of AIT he was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  

On 18 September 1967 the applicant was inducted into the Army of the United States for 2 years based on his ceasing to serve satisfactorily in the USAR.  He entered active duty as a private/E-2, and participated in retraining at Fort Dix, New Jersey.  Upon completion of his retraining the applicant was assigned to Fort Campbell, Kentucky for permanent duty in MOS 63B (Wheel Vehicle Mechanic).

The applicant’s record shows that he completed the Third Army Noncommissioned Officer (NCO) academy at Fort McClelland, Alabama in February 1968, and that he was promoted to the rank of private first class/E-3 on 15 February 1968.  The applicant was assigned to overseas duty in Korea and reported there for duty in March 1968.  He was promoted to specialist/E-4 on 
15 May 1968 and sergeant/E-5 on 17 October 1968.  The record shows that the applicant earned the National Defense Service Medal and the Armed Forces Expeditionary Medal as a result of his service in Korea.

Upon completing his tour in Korea the applicant was assigned to the Separation Transfer Station, Fort Lewis, Washington for the purpose of being released from action duty (REFRAD).  On 22 April 1969 the applicant was REFRAD and transferred to the USAR Control Group (Stand-By), St. Louis, Missouri in order to complete his service obligation.  The evidence of record includes a properly constituted DD Form 214, signed by the applicant, which documents the following: REFRAD Effective Date-22 April 1969; Character of Service-Honorable; Reason and Authority for Separation-Sec III, Chapter 5, AR 635-200, SPN 411 (Overseas Returnee).  

The applicant provided an Honorable Discharge Certificate (DD Form 256A) which indicates that he was honorably discharged from the USAR on 
30 November 1969.  However, this certificate applies only to his discharge from the USAR at the completion of his total service obligation, and does not impact the effective date of his REFRAD.  On 22 April 1969 the applicant was REFRAD and properly issued a DD Form 214 to document his active duty service. The 
DD Form 214 is clearly a proper representation and report of the actual time the applicant served on active duty which is its intended purpose, and correctly does not include the time the applicant served in the USAR subsequent to his REFRAD.

AR 635-5 (Separation Documents), in effect at the time,  prescribed that separation documents be prepared only for individuals upon retirement, discharge, or release from active military service.  It also established standardized policy for preparing and distributing DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  The regulation stated that the DD Form 214 will be prepared and issued to personnel at the time of their retirement, discharge, or release from the Active Army.  By definition the 
DD Form 214 is a representation of an individual’s active military service, and is not a document prepared for or applicable to inactive USAR service.

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 Board noted the applicant’s contention, in effect, that the effective date contained on the DD Form 214 issued him upon his REFRAD did not include his total service and was therefore in error.  However, after carefully evaluating the evidence of record and the independent evidence submitted by the applicant, the Board concluded that this claim contains no merit.  The Board found that the Honorable Discharge Certificate the applicant submitted in support of his contention was issued by the USAR upon the completion of his total service obligation.  This document has no impact on the properly constituted DD Form 214, signed by the applicant, and issued to him upon his separation from active duty.

2.  The DD Form 214 issued the applicant upon his REFRAD was prepared in accordance with applicable regulations; and is a proper and equitable representation of the applicant’s active military service, as is its intended purpose.  DD Form 214’s are not issued for inactive USAR service; thus, the USAR service completed by the applicant subsequent to his REFRAD did not require preparation of a new DD Form 214 or a correction to the DD Form 214 issued him upon his REFRAD.

3.  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.

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

___tnk __  __mkp___  __ja ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018586	
SUFFIX		
RECON		
DATE BOARDED	1999/08/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/04/22	
DISCHARGE AUTHORITY	AR 635-200, Ch 5	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  190	110.0100	
3.		
4.		
5.		
6.