PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  31 August 2000
	DOCKET NUMBER:  AR2000035714

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Ms. Barbara J. Ellis		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 the ‘Date Entered AD This Period’ and the ‘Separation Date This Period’ and related dates on her DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected.

3.  The applicant states that the entry and separation dates on her DD Form 214 are incorrect and should be corrected to show her entry in August 1979 and her separation on 3 February 1989 when she began excess leave.  She submits a copy of her 3 February 1989 excess leave form, her US Armed Forces Identification Card, issued 24 August 1989 with expiration date of 23 November 1989, and a copy of her DD Form 214.

4.  The applicant’s military records show that she enlisted in the Delayed Entry Program on 14 August 1979 and then enlisted in the Regular Army on 24 August 1979 for a 3 year term of service.  On 25 March 1982, she reenlisted, without a break in service, for a 4 year term of service.  On 21 March 1986, she reenlisted, without a break in service, for a 6 year term of service.  She advanced to the rank of Specialist 5.  She served in an administrative specialty and a nuclear, biological, and chemical specialty.

5.  While serving in Kaiserslautern, Germany, she was given a special court-martial on 28 October 1988 for uttering worthless checks totaling $775, possession and use of an illegal US Armed Forces Identification Card, and failure to go to her appointed place of duty.  She was sentenced to a bad conduct discharge, confinement for five months, forfeiture of $400 pay per month for five months, and reduction to the rank and pay grade of Private E-1.  She was transferred to the US Army Correctional Activity at Fort Riley, Kansas, on 
9 November 1988.  She was in confinement until she was released on indefinite excess leave on 3 February 1989 pending the outcome of her court-marital appeal.

6.  The applicant was finally discharged from the Army with a bad conduct discharge on 31 August 1989 according to Orders 160-2, dated 28 August 1989, issued by the US Army Correctional Activity, Fort Riley, Kansas.  Her total active service from 24 August 1979 to 31 August 1989 less 98 days for confinement from 28 October 1988 to 2 February 1989, is 9 years, 9 months, and 2 days.

7.  The DD Form 214 issued on 31 August 1989 by mail to the applicant showed only her last period of enlistment for the period of service on the DD Form 214, 
21 March 1986 to 31 August 1989.

CONCLUSIONS:

1.  The DD Form 214 issued to the applicant on 31 August 1989 does not correctly show all of her periods of service as it should.  When there is no break in service, the DD Form 214 should show the initial enlistment date as the date entered active duty and should show the discharge date of the final reenlistment as the separation date.  The periods of immediate reenlistment should be shown in the remarks section of the DD Form 214.  Consequently, the DD Form 214 should show in box 12a (Date Entered AD This Period) the date 24 August 1979, in box 12b (Separation Date This Period) the date 31 August 1989, and in box 12c (Net Active Service This Period) the total active service of 9 years, 9 months, and 2 days which is her total active service from 24 August 1979 to 31 August 1989 less 98 days for confinement from 28 October 1988 to 2 February 1989.  (The date the applicant departed on excess leave is not her separation date.)

2.  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 for the individual concerned by showing on her DD Form 214:

	a.  in box 12a (Date Entered AD This Period) the date 24 August 1979;

b.  in box 12b (Separation Date This Period) the date 31 August 1989;

c.  in box 12c (Net Active Service This Period) the correct number of years, months, and days accounting for days lost from 28 October 1988 to 
2 February 1989; and

	d.  in box 18 (Remarks) the periods of enlistment, 790824-820324, 
820325-860320, 860321-890831.

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

BOARD VOTE:  

___sc__  ___js__  ___be___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2000035714	
SUFFIX		
RECON		
DATE BOARDED	20000831	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY		
ISSUES         1.100	Administrative Matters	
2.		
3.		
4.		
5.		
6.