MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 February 2000                   
	DOCKET NUMBER:   AR1999027446

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		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, item 22(1) be corrected to show he completed 6 months of active duty. 

APPLICANT STATES:  He needs 3 more days of active duty added to his period of active duty to make it 6 months.  He works for the City of Los Angeles and they will buy back his military time to apply to his retirement but the minimum       buy-back time is six months.  Item 30 shows 27 weeks active duty for training (ACDUTRA), which is more than 6 months.

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

He enlisted in the U. S. Army Reserve on 5 June 1969.  His ACDUTRA orders are not available but his DD Form 214 and his Personnel Qualification Record (PQR) shows he was ordered to 27 weeks ACDUTRA on 20 February 1970.

The applicant completed basic combat training and advanced individual training and was released from active duty (REFRAD) on 16 August 1970 after completing 5 months and 27 days of active duty.  His REFRAD date is verified by his PQR and his REFRAD orders.  He continued to actively participate in the     U. S. Army Reserve until his discharge in 1975.  His PQR shows he served several periods of annual training.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge or release from active military service Amy.  It establishes standardized policy for the preparation and distribution of DD Form 214.  The DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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.  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.

2.  The evidence of record shows that while the applicant may have been ordered to 27 weeks of ACDUTRA, he was appropriately released upon completing his training courses and only actually served 5 months and 27 days on active duty.  This is the correct period shown on his DD Form 214, item 22 (1).

3.  The Board notes that the applicant served several periods of annual training for 14 or 15 active duty days each.  The Board recommends the applicant request a statement of service/statement of retirement points history from Commander, Army Reserve Personnel Command, ATTN:  ARPC-PSR-I, 9700 Page Avenue, St. Louis, MO  63132-5200.  If the Army Reserve Personnel Command is able to reconstruct his service at this point in time, all his periods of active duty should be shown on the statement and the City of Los Angeles may accept it as proof that he served over 6 months on active duty.

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

__cla___  __jph___  __mvt___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027446	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.