PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  5 April 2001
	DOCKET NUMBER:  AR2000050958

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Celia L. Adolphi		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, correction of his Certificate of Retirement to show his middle initial as “E.” instead of “F.” and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 25 June 1962 to show in item 16 (Date Inducted) the entry
“1 Dec 58” instead of the entry “NA”.

3.  The applicant states, in effect, that his name on his Certificate of Retirement and that item 16 on his DD Form 214 with a separation date of 25 June 1962
are incorrect.  He also states that his DD Form 214 shows the entry “Early Release Overseas Returnee” in block 11c (Reason and Authority) which is incorrect and should show the entry “extended for 1 year in Germany with the 83rd Transportation Company due to the Cuban Missile Crisis”.

4.  The applicant’s military records show that he enlisted in the Iowa Army National Guard (IAARNG) on 14 March 1955, as a message clerk and continued to serve until he was honorably discharged from the IAARNG on 30 November 1958.  He was inducted on 1 December 1958, and continued to serve until he was honorably discharged on 1 July 1959, in order to reenlist.  He reenlisted on 
2 July 1959, as a heavy vehicle driver and continued to serve until he was honorably discharged 25 June 1962, under the provisions of Army Regulation 635-205, due to early release of overseas returnees.  He was transferred to the USAR Control Group (Reinforcement).  He was honorably discharged from the USAR on 28 February 1963.  He reenlisted in the USAR on 11 August 1980 and continued to serve until he was released from the USAR on 6 January 1989 and was place on the Temporary Disability Retired List.  On 29 October 1990 he was removed from the TDRL and was placed on the Retired List by reason of physical disability on 30 October 1990.

5.  All of the applicant’s military records show his middle initial as “E”.

6.  The Certificate of Retirement provided by the applicant shows his middle initial as “F.” instead of “E.”

7.  The Honorable Discharge Certificate provided by the applicant shows that he was inducted on 1 December 1958, and was honorably discharged on 1 July 1959.

8.  The applicant’s DD Form 214 for the period 1 December 1958 through 1 July 1959 is unavailable for review by this Board.

9.  Item 24a(2) (Statement of Service/Other Service) on his DD Form 214, dated 25 June 1962, shows an entry of 4 years, 3 months, and 18 days.

10.  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.  

11.  Army Regulation 635-205, in effect at the time, set forth the basic authority for the separation of enlisted personnel for the convenience of the government.  Paragraph 8 governs the early separation of inductees with prior service.
It states, in pertinent part, that inductees serving on a second period of active duty will be separated provided:  (1) The individual has completed a minimum of
24 months total combined active duty in any component of the Armed Forces;
(2) The individual presents conclusive evidence of active service completed prior to entry on current period of service; and (3) Early separation is requested by the individual.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant entered the service 
with the middle initial of “E.”  Therefore, his Certificate of Retirement should be reissued to show his middle initial as “E.” instead of “F.”

2.  The evidence of record shows that the applicant initially enlisted in the IAARNG and was later inducted on 1 December 1958 and was honorably discharged on 1 July 1959.  The Board notes that the applicant’s DD Form 
214 with a separation date of 25 June 1962 properly documents his period of service in question and is reflected in item 24a(2) as other service.  Therefore, there is no basis to correct item 16 of his DD Form 214 with a separation date 
of 25 June 1962.

3.  The Board notes the applicant’s contention that item 11c is incorrect and should show the entry “extended for 1 year in Germany with the 83rd Transportation Company due to the Cuban Missile Crisis”.  There is no evidence in the available records, and the applicant has provided no evidence, to show that he was extended for 1 year in Germany with the 83rd Transportation Company due to the Cuban Missile Crisis.  Therefore, item 11c of the applicant’s DD Form 214 with a separation date of 25 June 1962, is correct as currently constituted.

4.  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 for the individual concerned be corrected by reissuing his Certificate of Retirement to show his middle initial as “E.”
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___jh__  ___ho__  __ca____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar______
		        CHAIRPERSON

INDEX

CASE ID	AR2000050958	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010405	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19901030	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.