MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 March 2000     
	DOCKET NUMBER:   AR2000039024

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 discharge documents be corrected to show that he served a total of 14 years and 4 months of foreign and/or sea service.

APPLICANT STATES:  In effect, that his overseas service is incorrectly displayed on his discharge documents.  He contends that his DA Form 
20 (Enlisted Qualification Record) shows that he served 14 years and 4 months of overseas service and that his six discharge documents show that he served approximately 9 years and 7 months of overseas service.  In support of his application, he submits a letter of explanation dated 16 January 2000, a copy of his DA Form 20 (Enlisted Qualification Record) and six DD Forms 214 (Reports of Separation from the Armed Forces of the United States and Reports of Transfer or Discharge). 

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

The applicant completed over 20 years of active duty before retiring in the rank of sergeant first class on 31 May 1968 and transferring to the USAR.  He was recalled to active duty on 1 August 1969 and relieved from active duty on
31 January 1972 and placed on the retired list. 

The applicant’s personnel records contain six DD Forms 214 which show that he served a total of 12 years, 5 months and 13 days of foreign and/or sea service.  

The applicant’s records contain one WD AGO Form 24A (Service Record), one DD Form 230 (Service Record), one WD AGO Form 20 (Soldier’s Qualification Record), one WD AGO Form 20 (Qualification Record – Enlisted Personnel), and two DA Forms 20 (Enlisted Qualification Record).  Foreign service shown as years, months, and days from these records support the entries contained on the applicant's DD Forms 214.  

The applicant provided a copy of a DA Form 20 (Enlisted Qualification Record) which was authenticated in his own hand on 21 September 1970.  Item 
31 (Foreign Service) of the DA Form 20 shows that he served 151 months
(12 years, 7 months); however, six periods of his foreign service shown on this DA Form 20 are rounded to whole months of service.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in the appropriate item (in this case items 26, 24c or 22c).  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

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.  The applicant’s contentions that his DA Form 20 shows he served 14 years and 4 months of overseas service and that his six DD Forms 214 only show approximately 9 years and 7 months of overseas service, are not factual. 

2.  The DA Form 20 provided by the applicant shows he served 151 months (12 years and 7 months) of foreign service.  The applicant’s six DD Forms 214 and his service records show that he served 12 years, 5 months and 13 days of foreign service.  

3.  Based on the foregoing, the Board concluded that the applicant incorrectly calculated his foreign service and that the foreign service shown on his six DD Forms 214 is correct as currently constituted.  Therefore, the applicant is not entitled to correction of foreign service on his DD Forms 214.  

4.  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.

5.  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

BJE____  HOF_____  EWL____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR200009024	
SUFFIX		
RECON		
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720131	
DISCHARGE AUTHORITY	AR 635-200 Paragraph 5-3  	
DISCHARGE REASON	Released from active duty and reverted to retired list prior to expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.