MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 January 2001   
	DOCKET NUMBER:   AR2000047997

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz		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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 24 March 2000 to show continuous service from 6 November 1984 through 24 March 2000.

APPLICANT STATES:  That his DD Form 214 only shows 11 years, ten months and eight days of net active service.  He contends that his net service should be over 15 years.  He states that he entered the Army on 6 November 1984 and was discharged on 24 March 2000.  In support of his application, he submits a copy of his DD Form 214 with an effective date of 24 March 2000 and a copy of his Leave and Earnings Statement (LES) for the period covering 1-31 December 1999. 

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

The applicant enlisted on 5 October 1984 for a period of 4 years.  He was discharged in an entry level status with uncharacterized service on 19 February 1985.  The applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards - no disability.    

The applicant’s military records show that he was issued a DD Form 214 at the time of his release from active duty on 19 February 1985.  This DD Form 214 shows that he served four months and 15 days of net active service.  

The applicant’s DD Form 214 with an effective date of 24 March 2000 shows that he entered active duty again on 19 May 1988.  On 24 March 2000 the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), by reason of disability with severance pay.  He served
11 years, ten months and eight days of net active service during this period.  Item 12d (Record of Service/Total Prior Active Service) on this DD Form 214 shows that he served four months and 15 days of total prior active service.  

The applicant provided a copy of DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement) for the period 
1-31 December 1999.  This LES shows the entries “PAY DATE 841106” and “YRS SVC [Years Service] 15”.    

There is no evidence in the applicant’s military records which shows that he served continuously from 6 November 1984 through 24 March 2000 in an active military status.

The applicant’s military records contain a DD Form 149 (Application for Correction of Military Record), dated 1986, wherein the applicant requested a change in his reenlistment eligibility code to allow him to reenter the Army.  In his application, he states “My desire is to return to the Army.”  The Director of the Army Board for Correction of Military Records responded by letter and informed the applicant that he had not exhausted all of his administrative remedies.       

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 Board considered the applicant’s contentions that he entered the Army on 6 November 1984 and that his net active service is over 15 years.  The Board also noted the LES provided with his application which shows the entries “PAY DATE 841106” and “YRS SVC 15”.  

2.  Orders and a discharge document show that the applicant enlisted on
5 October 1984 and was discharged in an entry level status with uncharacterized service on 19 February 1985.  The applicant was properly issued a DD Form 214 at the time of his release from active duty on 19 February 1985 and his net active service is correctly shown as four months and 15 days.    

3.  A DD Form 214, authenticated by the applicant shows that he entered active duty again on 17 May 1988 and was honorably discharged on 24 March 2000 by reason of disability with severance pay.  The applicant was properly issued a DD Form 214 at the time of his release from active duty on 24 March 2000 and his net active service for this period of service is correctly shown as 11 years, ten months and eight days.  This DD Form 214 also shows his prior service as four months and 15 days of active duty.

4.  Evidence of record clearly shows that the applicant served four months and 15 days of active duty followed by a break in service of three years, two months and 28 days.  Further, evidence shows the applicant did not reenter active duty until 17 May 1988.  Based on the records available in this case, it is clear that the applicant’s creditable service was from 5 October 1984 to 19 February 1985 and from 17 May 1988 to 24 March 2000, a period of 12 years, two months and 
23 days.  Therefore, there is no basis for correction of the applicant’s military records to show continuous service from 6 November 1984 through 24 March 2000, a period of 15 years, four months and 18 days.

5.  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.

6.  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

JH_____  LE______  KAH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047997	
SUFFIX		
RECON		
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19850219	
DISCHARGE AUTHORITY	AR 635-200, Paragraph 5-11	
DISCHARGE REASON	Failure to meet procurement medical fitness standards - no disability.	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.