PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 October 1999                   
	DOCKET NUMBER:   AR1999026621

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Ms. Kathleen A. Newman		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 DD Form 214, block 12a be corrected.

3.  The applicant states that he entered active duty on 7 July 1986, not 7 April 1989.

4.  The applicant’s military records show that after having had prior service in the U. S. Navy, he enlisted in the U. S. Army Reserve on 11 March 1982.  He was ordered to active duty in an active duty guard/reserve (AGR) status on 7 July 1986 (as verified by his leave and earnings statements).  He reenlisted on 7 April 1989.  He was discharged on 7 December 1989 for the purpose of accepting an appointment to warrant officer.  Block 12a of his DD Form 214 shows he entered active duty that period on 7 April 1989.

5.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon discharge from active military service.  It establishes standardized policy for the preparation of DD Form 214.  It states that block 12a will show the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued.  (Block 18 will show a list of enlistment periods for which a DD Form 214 was not issued).  (The proposed revision to AR 635-5 states that block 12a will show the beginning date of the continuous period of active duty for issuance of that DD Form 214.)  Blocks 12c, d and e will show all service less time lost.  

CONCLUSIONS:

1.  The evidence of record shows the applicant was ordered to active duty on      7 July 1986.  He reenlisted on 7 April 1989.  By strict interpretation of the regulation currently in effect, 7 April 1989 is the correct date shown in block 12a of his DD Form 214.  However, block 18 of the DD Form 214 omits his continuous active duty period beginning on 7 July 1986, presumably because it was not technically an “enlistment” period.  Under the proposed revised regulation, block 12a would have shown 7 July 1986 as the beginning date of his continuous period of active duty for issuance of that DD Form 214, with block 12c showing his net (continuous) active service for that period as 3 years, 5 months and 1 day.

2.  In view of the foregoing and as an exception to the regulation currently in effect, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by changing the applicant’s DD Form 214 for separation date 7 December 1989, block 12a to read 1986 07 07; block 12c to read 0003 05 01; block 12d to read 0003 11 26; and block 12e to read 0006 04 00.

BOARD VOTE:  

__mkp___  __gdp___  __kan___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026621	
SUFFIX		
RECON		
DATE BOARDED	19991027	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.