PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 March 2000                   
	DOCKET NUMBER:   AR1999028316

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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 her DD Form 214 be corrected to show she entered the Army on 9 October 1979.

3.  The applicant states that the entry in item 12a, 30 September 1982, is incorrect.

4.  The applicant’s military records show that she enlisted in the Regular Army on 9 October 1979.  She was discharged on 29 September 1982 for the purpose of immediately reenlisting on 30 September 1982.  She was retired by reason of a physical disability on 7 April 1986.

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 item 12a will show the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued.  (Item 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 item 12a will show the beginning date of the continuous period of active duty for issuance of that DD Form 214.)  Items 12c, d and e will show all service less time lost.

CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army on   9 October 1979.  She reenlisted on 30 September 1982.  By strict interpretation of the regulation currently in effect, 30 September 1982 is the correct date shown in item 12a of her DD Form 214.  However, item 18 of the DD Form 214 omits her continuous active duty period beginning on 9 October 1979.  Under the proposed revised regulation, item 12a would have shown 9 October 1979 as the beginning date of her continuous period of active duty for issuance of that        DD Form 214, with item 12c showing her net (continuous) active service for that period as 6 years, 5 months and 29 days and item 12d reflecting no prior active service.

2.  In view of the foregoing, it would be in the interest of justice, as an exception to the regulation currently in effect, 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, item 12a to read 1979 10 09; item 12c to read 0006 05 29; item 12d to read 0000 00 00.

BOARD VOTE:  

__jh____  __tdh___  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028316	
SUFFIX		
RECON		
DATE BOARDED	20000309	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.