MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 November 2000                   
	DOCKET NUMBER:   AR2000044830

	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.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 Certificate of Release or Discharge from Active Duty, DD Form 214, item 12a be corrected to show his original date of entry into the service.

APPLICANT STATES:  That he entered the Army on 16 June 1975 but his       DD Form 214 gives him credit for only 15 years of service.

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

He enlisted in the Regular Army on 16 June 1975.  He was honorably discharged on 25 January 1978 for the purpose of immediately reenlisting on 26 January 1978.  He received a DD Form 214 for this period of service.

On 12 July 1993, the applicant requested discharge for the good of the service in lieu of court-martial under the provisions of Army Regulation 635-200, chapter 10. His request was approved by the appropriate authority.  On 9 August 1993, the applicant was discharged with a discharge under other than honorable conditions.  His DD Form 214, item 12a shows that he entered active duty that period on 26 January 1978, item 12c shows that he completed 15 years, 6 months and 14 days of active service for that period, and item 12d shows that he completed 2 years, 7 months and 10 days of prior active service.

On 19 May 2000, the Army Discharge Review Board upgraded the applicant’s character of service to a general discharge under honorable conditions.  His    DD Form 214, items 12a, 12c, and 12d reflect the same information as his original DD Form 214.

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. Effective 1 October 1979, it ended the requirement to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlisment.

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.  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 this requirement.

2.  The Board acknowledges that the applicant entered active duty on 16 June 1975 but he received a DD Form 214 for that initial enlistment.  The DD Form 214 ending 9 August 1993 correctly shows his date of entry as 26 January 1978, the date his second enlistment period began.  His total active service, 18 years, 1 month and 24 days, is reflected in items 12c and 12d.

3.  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

__fne___  __tsk___  __wdb___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044830	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.