PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            02 AUGUST 2001 
	DOCKET NUMBER:   AR2001053194

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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 records be corrected to show that he was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflecting his active duty service between 14 February 1957 and 7 June 1957.  In support of his request he submits a copy of his NGB Form 23 (National Guard Bureau Retirement Credits Record), a copy of a certificate showing completion of the Medical Laboratory Specialist Course at Fort Chaffee, Arkansas on 7 June 1957, and a copy of his 1957 record of income from the Baltimore Social Security Administration.  The applicant notes that he was referred to this Board by The Adjutant General, Military Department of Arkansas after attempts to secure a copy of his 1957 DD Form 214 via the Arkansas National Guard was unsuccessful.  He states that he needs the DD Form 214 for his “Federal Civilian retirement time.”

3.  The only documents associated with the applicant’s military service were those submitted by the applicant in support of his petition to this Board.  Those documents show that the applicant was a member of the National Guard between November 1953 and July 1960.  During those years his Retirement Credits Record indicates he was activated for two weeks each summer between 1954 and 1959.  In 1957 the record shows that he was activated for two 2 week periods (3 August-18 August and 24 September-22 October) in addition to being activated from 14 February 1957 through 7 June 1957.  The certificate of completion he submitted shows that he successfully completed the Medical Laboratory Specialist Course at Fort Chaffee on 7 June 1957, although the certificate was “given at Brooke Army Medical Center, Fort Sam Houston, Texas.”  The 7 June 1957 certificate indicates the applicant was serving in the rank of Specialist Third Class at the time.  However, his NGB Form 23 indicates that as of July 1960 the applicant was serving in the rank of Specialist Five.

4.  The Social Security Administration statement of earnings, provided by the applicant in support of his request, indicates he was paid by officials at Brooke Army Medical Center and Fort Chaffee consistent with the period of active duty (February-June 1957) for which he now seeks a DD Form 214.

5.  Army Regulation 635-5, then in effect, stated that “members of the reserve components ordered to active duty for more than 90 days will be furnished [a] DD Form 214 upon release from active duty, regardless of the actual number of days served.”

CONCLUSIONS:

1.  The absence of more extensive military records makes it impossible for the Board to determine exactly what happened in the applicant’s case, including whether he was issued a DD Form 214 at the time or not.  The available evidence does, however, support a conclusion that the applicant was on active duty between 14 February 1957 and 7 June 1957 while undergoing training as a medical laboratory specialist and he should have received a DD Form 214.

2.  Notwithstanding that conclusion, however, is the fact that other than the applicant’s rank, and period of active duty, no other information regarding his active duty service is available, making the completion of a DD Form 214 at this point difficult, if not impractical.  As such the Board concludes that it would be more appropriate to issue the applicant a “Certification of Military Service” reflecting his active duty between 14 February 1957 and 7 June 1957 rather than try and recreate a DD Form 214 with limited information.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a Certification of Military Service reflecting his honorable active duty as a member of the National Guard between 14 February 1957 and 7 June 1957 as an alternative to a DD Form 214.

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

BOARD VOTE:  

__RJW__  __BJE   _  __JPI____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond J. Wagner   _
		        CHAIRPERSON

INDEX

CASE ID	AR2001053194	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010802	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.