PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 August 2000                   
	DOCKET NUMBER:   AR2000042209

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show his overseas service in Vietnam and Germany.

3.  The applicant makes no additional statement and provides no supporting evidence.

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve Delayed Entry Program on 4 January 1973.  His DD Form 4 shows that he had no prior service.  He enlisted in the Regular Army on 22 January 1973.  He was honorably discharged on 22 October 1974 for the purpose of immediately reenlisting on 23 October 1974.  A DD Form 214 for this period is not available.  

5.  On 22 October 1974, the applicant arrived in Germany.  On 19 October 1977, he was honorably discharged for the purpose of immediately reenlisting on       20 October 1977.  His DD Form 214 for this period, item 18f, shows his foreign service as 2 years, 11 months and 25 days.  

6.  On 27 August 1979, the applicant departed Germany and returned stateside.  On 21 July 1980, he was honorably discharged for the purpose of immediately reenlisting on 22 July 1980.  Due to a change in the regulation, a DD Form 214 was not required to be prepared.

7.  On 14 June 1982, the applicant was discharged due to unsuitability with a general discharge under honorable conditions.  His DD Form 214, item 12a erroneously shows he entered active duty that period on 22 October 1977.  Item 12f shows no foreign service.  Item 18 shows he had an immediate reenlistment 20 October 1977 – 21 July 1980.

8.  On 11 May 1983, the applicant’s discharge was upgraded to fully honorable.  His DD Form 214 was reissued.  Item 12a shows he entered active duty that period on 22 July 1980.  Item 12f shows no foreign service.  Item 18 does not indicate any immediate reenlistment period.  

9.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon discharge from active military service.  It establishes standardized policy for the preparation of DD Form 214.  Effective 1 October 1979, DD Forms 214 were no longer prepared for enlisted members who are discharged for immediate reenlistment.  In pertinent part, it states that block 12a will show the date of the first day of the last immediate reenlistment for which a DD Form 214 

was not issued.  Block 18 will show a list of enlistment periods for which a DD 
Form 214 was not issued.  (The proposed revision to AR 635-5 states that block 12a will show the beginning date of the continuous period of active duty for issuance of that DD Form 214.)  Block 12f will show the total amount of foreign service completed during the period covered in item 12c.  The service is not identified by country.

CONCLUSIONS:

1.  There is no evidence of record to show that the applicant ever served in Vietnam.  His foreign service in Germany is partially reflected on his DD Form 214 for the ending period 19 October 1977.

2.  The applicant reenlisted on 20 October 1977 and again on 22 July 1980.  By strict interpretation of the current regulation, 22 July 1980 is the correct date to enter in block 12a of his reissued DD Form 214 for the period ending 14 June 1982.  However, this creates an injustice since that means there is no item where the rest of his foreign service in Germany can be reflected (since his tour ended in August 1979 and service prior to July 1980 is not reflected in item 12c).  In addition, block 18 of the DD Form 214 omits his continuous active duty period beginning on 20 October 1977.  Under the proposed revised regulation, block 12a would have shown 20 October 1977 as the beginning date of his continuous period of active duty for issuance of that DD Form 214, with block 12c showing his net (continuous) active service for that period.  With the related change to item 12c, this would allow his foreign service to be shown in item 12f.  

3.  In view of the foregoing and as an exception to the regulation currently in effect, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That the applicant’s reissued DD Form 214 for the period ending 14 June 1982 (the one showing he received an honorable discharge) be corrected by amending item 12a to read 77 10 20 with appropriate changes to items 12c and 12d, item 12f to read 01 10 08 and item 18 to read “Immediate reenlistments this period:  771020 – 800721.”

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

BOARD VOTE:  

__jdm___  __ra____  __cg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John D. Miller
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042209	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.