PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            30 January 2001   
	DOCKET NUMBER:   AR2000041287

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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 his records be corrected to reflect award of the Meritorious Service Medal.  He also asks that item 12a (date entered AD this period) on his 1998 DD Form 214 (certificate of release or discharge from active duty) be corrected to reflect 15 June 1989 vice 12 April 1980 and that item 12c (net active service this period) be corrected to reflect 9 years and 16 days vice 18 years, 2 months, and 19 days.

3.  Records available to the Board indicate that the applicant served in a variety of military services and components prior to returning to active duty on 15 June 1989 under the AGR (Active Guard/Reserve) program as a member of the Texas Army National Guard.  He remained in an active status until he was released from active duty on 30 June 1998 under an early retirement program.  At the time of his 1998 separation he had a total of 18 years, 2 months and 20 days of active service although his “net active service” between 1989 and 1998 totaled only 9 months and 16 days.  His 1998 DD Form 214 incorrectly reflects that he entered active duty on 12 April 1980 and hence had more than 18 years of continuous active duty at the time of his separation.

4.  The applicant does have copies of previous DD Forms 214 which document his various periods of active duty in addition to a “statement of service” documenting his periods of both inactive and active service.

5.  On 22 July 1998 the applicant was awarded a Meritorious Service Medal in recognition of his military service with the Texas Army National Guard Recruiting and Retention Battalion.  The Texas Army National Guard published orders confirming the award.

CONCLUSIONS:

1.  Clearly the individual who completed the applicant’s 1998 DD Form 214 thought the appropriate thing to do was to publish a DD Form 214 with dates that would reflect the applicant’s “total” active service.  Hence the utilization of the 
12 April 1980 date on the DD Form 214 as the date the applicant entered active duty. Utilizing that date enabled the clerk to show that the applicant had 18 plus years of active service.

2.  The evidence indicates that the applicant did in fact enter active duty on 
15 June 1989 and separated 9 years and 16 days later on 30 June 1998.  His 1998 DD Form 214 should be corrected accordingly.

3.  The evidence also confirms that the applicant was awarded a Meritorious Service Medal.

4.  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:

a.  by showing that the individual concerned was awarded a Meritorious Service Medal; and 

b.  by correcting item 12a on the 1998 DD Form 214 to show 15 June 1989 (1989 06 15); and

c.  by correcting item 12c to show that at the time of his 1998 separation he had accumulated 9 months and 16 days (0009 00 16) of “net” active service during the period covered by that DD Form 214.

BOARD VOTE:  

__aao___  ___teo__  ___bfh__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041287	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	107.00	
3.		
4.		
5.		
6.