MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 September 2001                  
	DOCKET NUMBER:   AR2001053983

	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:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Mr. John T. Meixell 		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:  That his date of entry be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 September 1982.  

APPLICANT STATES:  In effect, that his DD Form 214 with a separation date of 22 September 1982 shows the incorrect date of entry.  He contends that he entered active duty in June 1977, not on 28 February 1979.  In support of his application, he submits a copy of his DD Form 214 with a separation date of 
22 September 1982; an excerpt from his DA Form 20 (Enlisted Qualification Record); and VA documentation.   

COUNSEL CONTENDS:  The Disabled American Veterans, as counsel for the applicant, support the applicant’s request for the correction of an earlier enlistment date.  Counsel points out that the applicant enlisted in the United States Army Reserve (USAR) on 3 December 1976 and entered active duty on 
1 July 1977.

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

The applicant enlisted in the USAR on 3 December 1976 and entered active duty on 1 July 1977.  He served as an infantryman and was honorably discharged on 27 February 1979 for immediate reenlistment.  The applicant reenlisted on 
28 February 1979, served as an infantryman and was honorably discharged on 22 September 1982 under the provisions of Army Regulation 635-200, paragraph 5-12, for short length of time remaining on active duty precludes reassignment.  

The applicant’s military records show that he was issued a DD Form 214 at the time of his release from active duty on 27 February 1979 which covers his period of service from 1 July 1977 to 27 February 1979.  This DD Form 214 also shows that he served 6 months and 29 days of prior inactive service in the USAR.

The applicant’s military records also show that he was issued a DD Form 214 at the time of his release from active duty on 22 September 1982. 

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.

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 applicant’s contention that his DD Form 214 with a separation date of 
22 September 1982 shows the incorrect date of entry is not supported by the evidence of record.  
2.  Evidence of record shows the applicant served on active duty from 1 July 1977 to 27 February 1979 and was properly issued a DD Form 214 covering this period of active duty.

3.  Evidence of record also shows that the applicant served on active duty from 28 February 1979 to 22 September 1982 and was properly issued a DD Form 214 covering this period of active duty.  Therefore, the applicant’s date of entry on his DD Form 214 with a separation date of 22 September 1982 is correct as currently constituted.

4.  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.

5.  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

LLS_____  MHM___  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001053983	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.