PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 August 2000
	DOCKET NUMBER:   AR1999028854

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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, that block 12 (Record of Service) of the Department of Defense (DD) Form 214 (Certificate of Release or Discharge From Active Duty), issued to him upon his separation from active duty on 
28 February 1999, be corrected.

3.  The applicant states, in effect, that the 3 years, 3 months, and 23 days currently listed in block 12d (Total Prior Active Service) of the DD Form 214 he received on 28 February 1999 should be moved to block 12e (Total Prior Inactive Service).  He claims that he performed this service in the Army National Guard (ARNG) in an inactive status. 

4.  The applicant’s military records show that he served in the ARNG for 3 years, 3 months, and 23 days, from 29 June 1990 to 21 October 1993, at which time he was discharged in order to enter the Regular Army.  While serving in the ARNG he accrued 3 months and 9 days of active military service.  This active duty service was performed between 18 June and 29 September 1991, while the applicant was on Initial Active Duty for Training (IADT) at Fort Leonard Wood Missouri, where he was trained in and awarded military occupational specialty (MOS) 12B (Combat Engineer).

5.  On 22 October 1993, the applicant entered the Regular Army for 3 years.  He retained the rank, Specialist/E-4 (SPC/E-4), and MOS, 12B (Combat Engineer), he earned during his ARNG service.  He served on active duty until 28 February 1999, when he was discharged by reason of expiration of term of service (ETS).

6.  The evidence of record contains a DD Form 214 issued to the applicant upon his completion of his IADT.  This document verifies that he served on active duty for 3 months and 9 days, from 18 June to 26 September 1991.  

7.  The evidence or record includes a National Guard Bureau (NGB) Form 
22 (Report of Separation and Record of Service) which shows that the applicant served in the ARNG for 3 years, 3 months, and 23 days, between 29 June 1990 and 21 October 1993.  

8.  The applicant’s Official Military Personnel File (OMPF) contains documents completed by the applicant upon his enlistment in the Regular Army.  These documents include a DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) which verifies that on 22 October 1993 the applicant concurrently enlisted in the Regular Army (RA) and entered active duty.

9.  The DD Form 214 issued to the applicant on 28 February 1999, upon the completion of his RA active duty service, contains the following pertinent service information in block 12 (Record of Service):  block 12a (Date Entered Active Duty This Period) 13 July 1993; block 12b (Separation Date This Period) 28 February 1999; block 12c (Net Active Service This Period) 5 years, 7 months, 18 days; block 12d (Total Prior Active Service) 3 years, 3 months, 23 days; and block 12e (Total Prior Inactive Service) 0 years, 0 months, 0 days.

CONCLUSIONS:

1.  After carefully evaluating the evidence of record and the independent evidence submitted by the applicant, the Board finds that the information contained in block 12 of the DD Form 214 issued to the applicant on 
28 February 1999 contained several errors.  Therefore, the Board concludes relief is warranted in this case. 

2.  The Board noted that block 12a of the DD Form 214 in question incorrectly listed 13 July 1993 in block 12a (Date Entered Active Duty This Period).  The actual date the applicant entered active duty for this period was 22 October 1993, as evidenced by the DD Form 4 contained in the applicant’s OMPF.

3.  Given the incorrect date listed in block 12a of the DD Form 214, the service period contained in block 12c (Net Active Service This Period) was incorrectly computed as 5 years, 7 months, and 18 days.  The correct entry should be 
5 years, 4 months, and 7 days, which covers the period between 22 October 1993 and 28 February 1999, the time the applicant actually served on active duty in the RA.

4.  In addition, the evidence or record verifies that the applicant served a total of 
3 years, 3 months, and 23 days in the ARNG service.  Of this total ARNG service, 3 years and 14 days was inactive service and 3 months and 9 days was active service. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by changing blocks 12a, 12c, 12d, and 12e of the DD Form 214 issued to the individual concerned on 28 February 1999, upon his separation from active duty. These blocks should contain the following information:  Block 12a- 22 October 1993; Block 12c- 5 years, 4 months, 7 days; Block 12d- 0 years, 3 months, 
9 days; and Block 12e- 3 years, 0 months, 14 days.

BOARD VOTE:  

___sk___  ___ja____  ___reb__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Stanley Kelley  _____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028854	
SUFFIX		
RECON		
DATE BOARDED	2000/08/08	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1999/02/28	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  303	129.0100	
2.		
3.		
4.		
5.		
6.