PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           30 July 2002                  
	DOCKET NUMBER:   AR2001065804

	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	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Thomas Lanyi		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 line 12d (total prior active service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 0 (zero) years of prior active duty, not 5 years.

3.  The applicant states that he has had only one period of active service, the    5-year period between 1996 and 2001 and needs to have his DD Form 214 corrected.

4.  The applicant submits a copy of his 1996 enlistment packet.  This packet includes copies of:

a.  a DD Form 4/1 (Enlistment/ Reenlistment Document) that shows that the applicant enlisted on 1 October 1996 with a delayed entry date of 20 November 1996.  Item 7 (prior military service), on this form, is blank which indicates no prior service;

b.  a DA Form 3286-59 (Statement for Enlistment) that shows that the applicant qualified for two first-time enlistee programs;

c.  a DA Form 3286-66 (Statement of Understanding, US Army Incentive Enlistment Program) that shows the applicant was a first time enlistee; and,

d.  a DA Form 2366 ( Montgomery GI Bill Act of 1984 Election) which contains a statement, at item b1 (which is blank), that must be signed to indicate that a prior service member acknowledges that they are not eligible for this program.  The applicant did sign the form under item c, which states that he was otherwise qualified to participate in the Montgomery GI Bill.

CONCLUSIONS:

1.  The Board concludes that the evidence of record clearly shows that the applicant had only one period of service from 1 October 1996, the date of his entrance in the DEP, with active duty from 20 November 1996 through 19 November 2001.

2.  Therefore, it is in the interest of justice to correct the error by deleting the indication that the applicant had prior active service from the DD Form 214. 

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by deleting the entry at line 12d and by showing that the individual concerned had only one period of service.

BOARD VOTE:  

_AAO___  __KAH___  __TL  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    _Arthur A. Omartian________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065804	
SUFFIX		
RECON		
DATE BOARDED	20020730	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.