PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               2 November 2000               
	DOCKET NUMBER:      AR2000045728

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he entered active service on 31 May 1974 instead of 1 June 1974.  He also requests that his date of retirement be corrected to show 1 June 1996 instead of 31 May 1996.  In addition, he requests, in effect, that his total service for basic pay purposes be corrected to show 22 years, 0 months and 1 day. 

3.  The applicant states that his retired pay should be calculated from the date he entered the service on 31 May 1974.  In support of his application, he submits a copy of his DA Form 2-1 (Personnel Qualification Record), a DA Form 4188 (Verification of MPRJ and PFR), a copy of his DD Form 214 with a separation date of 31 May 1996 and a copy of his Retiree Account Statement.

4.  The applicant’s military records show that he enlisted in the Regular Army on 31 May 1974 and completed training as a motor transport operator.  He completed overseas assignments in Germany and Korea and was honorably discharged from active duty on 15 March 1977.  The applicant reenlisted on 16 March 1977 and continued to serve on active duty through a series of reenlistments until he was retired in the rank of sergeant first class on 31 May 1996.

5.  The applicant’s service personnel records contain two DD Forms 214.  His DD Form 214, with an effective date of 15 March 1977, shows he entered active duty on 31 May 1974 and completed 2 years, 9 months and 15 days of total active service.  The applicant’s DD Form 4 (Enlistment Contract) indicates that he enlisted in the Regular Army on 31 May 1974.  Also, the applicant’s personnel records contain Special Orders Number 112, dated 31 May 1974, which show he enlisted in the U.S. Army on 31 May 1974.

6.  The applicant’s DD Form 214, with a separation date of 31 May 1996, shows he entered active duty on 1 June 1974 and was retired on 31 May 1996.  This discharge document also shows that he completed 22 years, 0 months and 0 days of total active service.  His personnel records contain Headquarters, U.S. Army Garrison Orders Number 019-0005, dated 19 January 1996, which show his effective date of retirement as 31 May 1996. 

7.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the record of service will be entered in item 12 of the DD Form 214.  

8.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  It also states that effective 1 October 1979, DD Form 214’s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. 

CONCLUSIONS:

1.  The applicant served on active duty from 31 May 1974 to 15 March 1977 (a total of 2 years, 9 months and 15 days) and was issued a DD Form 214 which correctly reflects this period of service.

2.  The applicant reenlisted on 16 March 1977 and remained on active duty until he was retired on 31 May 1996 (a total of 19 years, 2 months and 16 days).

3.  Based on the governing regulation, in effect at the time, a DD Form 214 will be issued to cover all continuous service from the date of the last DD Form 214 that was issued.  Therefore, the applicant is not entitled correction of his DD Form 214, with a separation date of 31 May 1996, to show he entered active duty on 31 May 1974 instead of 1 June 1974.  However, he is entitled to correction of item 12a of his DD Form 214, with a separation date of 31 May 1996, to show he entered active duty on 16 March 1977.  

4.  Evidence of record shows that the applicant’s effective date of retirement was 31 May 1996; therefore, he is not entitled to correction of his DD Form 214, with a separation date of 31 May 1996, to show his effective date of retirement as 1 June 1996.

5.  Based on paragraph 2 above, the applicant served on active duty from 16 March 1977 to 31 May 1996; therefore, item 12c of his DD Form 214, with a separation date of 31 May 1996, will be amended to show 19 years, 2 months and 16 days net active service this period.

6.  The applicant completed 2 years, 9 months and 15 days total prior active service.  Therefore, item 12d of his DD Form 214, with a separation date of 31 May 1996, will be amended to show 2 years, 9 months and 15 days. 

7.  Based on the foregoing, the applicant completed 22 years, 0 months and 1 day of active duty.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.	That all of the Department of the Army records related to this case be corrected:

a.  by amending item 12a of the individual concerned DD Form 214, with a separation date of 31 May 1996, to show he entered active duty on 16 March 1977;

b.  by amending item 12c of his DD Form 214, with a separation date of 31 May 1996, to show he served 19 years, 2 months and 16 days total active service during this period; 

c.  by amending item 12d of his DD Form 214, with a separation date of 31 May 1996, to show he completed 2 years, 9 months and 15 days total prior active service; and

d.  by correcting all other pertinent records to show that the individual concerned served 22 years, 0 months and 1 day of active duty instead of 22 years, 0 months and 0 days.

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

BOARD VOTE:  

FNE_____  TSK____  WDB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000045728	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001102	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	MR. SCHNEIDER	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.