PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 May 2000           
	DOCKET NUMBER:   AR1999028531

	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. Carl W. S. Chun		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller		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 in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 12a (Date of Entry AD (Active Duty) This Period) a beginning date of 3 August l971 rather than 
29 December l975.  

3.  The applicant states that he initially entered active duty on 3 August 1971.  He served for 20 years.  Therefore, his DD Form 214 should show the entire 20-year period of service.  He provides a copy of his DD Form 214 issued on 
30 September 1991.  

4.  The applicant’s military records show that he enlisted, contrary to his contention, on 4 August 1971 for 2 years, and his service thereafter was continuous until he was released from active duty for retirement purposes on 
30 September 1991.  He had 20 years, 1 month and 27 days active duty.  He was trained as a military policeman, military occupational specialty (MOS) 95B and served in this specialty, or as a correctional specialist/sergeant (MOS 95C) throughout his career.  The highest rank he attained was sergeant first class, pay grade E-7.

5.  His records show that he extended his first enlistment on two occasions.  The first was on 25 July 1973 for 3 months to await Personal Qualification Score (PQS) test scores (scores needed for reenlistment purposes).  On 24 October 1973, he extended again, this time for 4 months for the same reason.   

6.  While not entirely documented by orders or separation documents in his records, he would have been honorably discharged on 28 November 1973, because on 29 November 1973, he reenlisted for 3 years.  At the time of his discharge on 28 November 1973, he should have been issued a DD Form 214 (Report of Separation from Active Duty) documenting his first period of service, totaling 2 years, 3 months and 25 days.  However, there is no such document in the “hard copy” portion of his official military personnel file (OMPF), or the “fiche” version of this record.

7.  The applicant’s second period of service was from 29 November 1973 through 28 December 1975.  At that time a DD Form 214 was issued showing
2 years and 1 month service on this enlistment and 2 years, 3 months and 
25 days prior service, for a total of 4 years, 4 months and 25 days active service. The only version of this DD Form 214 is on the “fiche” portion of his record and the “copies” made from the fiche record are very difficult to read.

8.  The applicant reenlisted on 29 December 1975 for 3 years.  He served on this enlistment until 28 September 1978, when he was again honorably discharged and was issued a second DD Form 214 showing 2 years, 8 months and 30 days active service.  This service, combined with his previous 4 years, 4 months and 25 days active service, totaled 7 years, 1 month and 24 days active service.  Again, the fiche version of the DD Form 214 is very difficult to read. 

9.  The applicant reenlisted on 29 September 1978, the next duty day, and no further DD Forms 214 were issued between that date and his date of retirement.

10.  On 22 July 1991, the applicant completed a DA Form 2339 (Application for Voluntary Retirement) in which he requested release from active duty on 
30 September 1991 for the purpose of retirement.  Item 14 (Chronological Dates of Military Service) showed that he had served from 4 August 1971 through the projected retirement date of 30 September 1991.  He was credited with 20 years, 1 month and 27 days active duty, no lost time and no inactive service.  

11.  On 30 September 1991, the applicant was honorably retired from active duty and was transferred to the United States Army Reserve (USAR) Control Group (Retired).  On 1 October 1991, he was placed on the USAR Retired List, in pay grade E-7.  

12.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 30 September 1991 showed the following entries in item 12 (Record of Service):

12a. (Date Entered AD This Period)	75-12-29
12b. (Separation Date This Period)	91-09-30
12c. (Net Active Service This Period)	15-09-02
	12d. (Total Prior Active Service)		04-04-25
	12e. (Total Prior Inactive Service)		00-00-00

13.  In item 18 (Remarks) the following items were recorded:  “Immediate Reenlistment this Period:  751229-780928; 7880928(sic: 780929), 831211;  831212-870804;  870805-910717;  910718-910930.

14.  The remainder of the entries on the DD Form 214, in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and item 14 (Military Education) covers all the appropriate entries for his entire period of service from August 1971 through September 1991.

15.  Army Regulation 635-5 outlines the policies and procedures for the preparation of the DD Form 214.  Prior to 1 January 1977, that regulation prescribed, in pertinent part, that a new DD Form 214 would be issued at the end of each period of active service, whether or not the soldier immediately reenlisted.  However, after 1 January l977, the policy was changed to state that a new DD Form 214 would not be issued to soldiers who were immediately reenlisting without a break in service, rather a consolidated DD Form 214 would be issued at the completion of all contracted periods of continuous active duty.  The inclusive dates of prior periods of enlistments/reenlistments covered by the DD Form 214 would be recorded in item 18, Remarks.  

16.  This same regulation also prescribes that up to two DD Forms 
215 (Correction to DD Form 214) may be issued to make relatively minor corrections to items on the DD Forms 214.  If major changes are warranted, like a correction to reason for and/or characterization of service, a new DD Form 
214 would then be issued.  

CONCLUSIONS:

1.  The Board notes the absence of a DD Form 214 in the applicant’s records for his first period of active duty from 4 August 1971 through 28 November 1973.  It cannot be ascertained at this time whether such a document was ever issued.

2.  The Board also notes that there are DD Forms 214 for the next two periods of service from 29 November 1973 through 28 December 1975 and from 
29 December 1975 through 28 September 1978 in his records.  Both documents are only in fiche form and copies are difficult to read.

3.  Further, in accordance with policies in effect after 1 January 1977, the DD Form 214 covering the period of service from 29 December 1975 through 
28 September 1978 should not have been issued.

4.  Additionally, the Board notes that the DD Form 214 issued to the applicant on 30 September 1991 starts with the 29 December 1975 enlistment date and includes credit for the period of service from December 1975 through September 1978 in its service computations in Item 12c.  In Item 18, Remarks, the entry for the beginning date of the next period of service beginning on 29 September 
1979 is also incorrectly recorded as “7880928, 831211;”.  

5.  Therefore, the Board concludes that the most appropriate course of action is to issue a new DD Form 214, as an exception to normal policy, combining all periods of service for the applicant from 4 August 1971 through 30 September 1991.  Any DD Forms 214 issued to the applicant for earlier parts of his service will, of necessity, be voided.  

6.  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 by issuing to the individual concerned, as an exception to normal policy a new DD Form 214, replace the DD Form 214 issued to him on 30 September 1991 to show:

a.  in item 12a, that the date he entered active duty this period was 
71-08-04; 

b.  in item 12c, that he had net active service during this period of service as 20-01-27;

c.  in item 12d, that he had no prior active service (00-00-00); 

d.  in item 18, add prior periods of immediate reenlistments as follows: 710804-731128, 731129-751228 and 751229-780928; and 

e.  also in item 18, immediate reenlistment this period, as reads “7880928, 831211;” should read “780929-831211;”.  

2.  That upon issuance of the DD Form 214 directed above, that action be taken to void any and all DD Forms 214 ever issued to the individual concerned covering his periods of service from 4 August 1971 through 28 November 1973, if such a form was ever issued for this period of service; from 29 November 
1973 through 28 December 1975; and from 29 December 1975 through 
28 September 1978.

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

BOARD VOTE:  

__jns___  __mdm___  __mw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028531	
SUFFIX		
RECON		
DATE BOARDED	20000524	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS 	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.00	
2.	110.00	
3.		
4.		
5.		
6.