MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 August 2001                   
	DOCKET NUMBER:   AR2001057269

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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 Report of Separation from Active Duty, DD Form 214, be corrected to show his date entered active duty as September 1966.

APPLICANT STATES:  That his DD Form 214 shows he has 11 years, 11 months, and 29 days of total service for pay but the U. S. Customs Service and the Office of Personnel Management will only recognize the date of 1 August 1967.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from alternate sources.

The applicant apparently enlisted in the Regular Army on 25 September 1966.  He attended Officer Candidate School and entered active duty as a U. S. Army Reserve commissioned officer on 1 August 1967.  He either never received or has lost the DD Form 214 he should have received when he was discharged from his enlisted status on 31 July 1967.  He was released from active duty on  24 September 1978 after completing 11 years, 1 month, and 24 days of active service that period and 10 months and 5 days of prior active service.

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.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation currently provides that a DD Form 214 will be prepared for enlisted soldiers discharged to continue on active duty as commissioned officers.  The regulation in effect at the time of the applicant’s discharge from an enlisted status did not discuss the applicant’s particular circumstances one way or the other but did provide that a DD Form 214 would be issued at the time of separation to “each member of the Regular Army.”

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 DD Form 214 for the period ending 24 September 1978 contains the correct date of entry on active duty for that period.  He should have received a DD Form 214 for the period ending 31 July 1967, when he was discharged from an enlisted status in the Regular Army to enter active duty as a U. S. Army Reserve commissioned officer.  However, a Transcript of Military Record, DA Form 1569, may be able to provide him with the information required by the U. S. Customs Service.

2.  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.

NOTE:  The Army Review Boards Agency Support Division will be requested to furnish the applicant a Transcript of Military Record, DA Form 1569, showing his date of entry on active duty in an enlisted status as 25 September 1966, his date of discharge as 31 July 1967, and any other applicable information as is available.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__inw___  __fne___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057269	
SUFFIX		
RECON		
DATE BOARDED	20010809	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.