PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 February 2001                  
	DOCKET NUMBER:   AR2000048301

	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 N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. Able		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 Report of Separation from Active Duty, DD Form 214, for the period ending 23 June 1977 be corrected to show he did not have lost time and to show his correct service time.

3.  The applicant states that the 145 days lost time shown on his DD Form 214 for the period ending 23 June 1977 was actually incurred during his first period of service and was properly listed on his first DD Form 214.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 15 December 1965.  He was honorably released from active duty on 7 April 1969 after completing 2 years, 10 months and 28 days of creditable active service with 145 days of lost time (three periods of absence without leave and one period of confinement).  His terminal date of Reserve obligation was 14 December 1971.

5.  On 4 May 1973, the applicant enlisted in the U. S. Army Reserve.  He was honorably discharged on 21 November 1974 for the purpose of reenlisting in the Regular Army on 22 November 1974.  He was honorably discharged for hardship on 23 June 1977 after completing 2 years, 7 months and 2 days of creditable active service for that period.  His DD Form 214, item 21 erroneously shows that he had 145 days of lost time and computed his service time in item 18 based upon that erroneous information.  

6.  The applicant claims additional active duty time from his U. S. Army Reserve service.  However, the Army Reserve Personnel Command was unable to produce a Statement of Retirement Points, presumably because of the passage of time.  The applicant was requested to provide supporting documentation but he failed to respond within the given time frame.

7.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  The version in effect at the time of the applicant’s separation in June 1977 required that time lost for the preceding two years be entered in item 21.

CONCLUSIONS:

1.  There is an administrative error on the applicant’s DD Form 214 for the period ending 23 June 1977.  Item 21 contains lost time that was not incurred during the two preceding years or during that period of service and his record of service in item 18 was computed based upon that erroneous entry of lost time.

2.  Additional claimed active duty is unverifiable.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 for the period ending 23 June 1977, item  21 be amended to delete the entry showing 145 days lost time and that his record of service, items 18a, 18c, 18d, and 18e be adjusted accordingly to give him credit for those 145 days.

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

BOARD VOTE:  

__jns___  __mhm___  __rwa___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048301	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.