MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  1 August 2002
	DOCKET NUMBER:  AR2002068152

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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:  In effect, that item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge), dated 29 December 2001, be corrected to show the entry “0010 00 00” (10 years) instead of the entry “0008 05 16” (8 years, 5 months, and 16 days).

APPLICANT STATES:  In effect, that he entered active duty (AD) in 1992, that item 12a (Date Entered AD This Period) of his DD Form 214 is incorrect, and 
that he completed 10 years of creditable service.  In support of his application, he submits two DD Forms 214.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the Virgin Islands Army National Guard (VIARNG) on 28 August 1991, as a
water treatment specialist.  He was ordered to active duty for training (ADT) on 2 January 1992, and was released from ADT on 27 May 1992.

He enlisted in the Delayed Entry Program (DEP) on 27 May 1993.  He enlisted in the Regular Army on 14 July 1993.  He continued to serve through a series of continuous reenlistments until he was honorably discharged on 29 December 2001, under the provision of Army Regulation 635-200, paragraph 13-2(e), due to physical standards.

His DD Form 214, dated 27 May 1992, shows that he was ordered to ADT on 
2 January 1992, and was released on 27 May 1992, with a total net active service of 4 months, and 26 days as indicated in item 12c and with total prior inactive service of 4 months and 4 days as indicated in item 12e (Total Prior Inactive Service).

The applicant’s DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) shows that he entered active duty on 14 July 1993, which coincides with his DD Form 214.

Item 12c of his DD Form 214, dated 29 December 2001, shows the entry “0008 05 16” (8 years, 5 months, and 16 days).

Item 12d (Total Prior Active Service) of his DD Form 214, dated 29 December 2001, shows the entry “0000 04 26” (4 months and 26 days).

Item 12e of his DD Form 214, dated 29 December 2001, shows the entry “0001 10 16” (1 year, 10 months, and 16 days), which includes the applicant’s total prior inactive service, plus the amount of inactive service from his previously issued DD Form 214.

Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that item 12a (Date Entered AD this Period) will be completed to show the beginning date of the continuous period of AD for issuance of the present DD Form 214, for which a DD Form 214 was not previously issued.  Item 12c will be completed to show the amount of service, computed by subtracting item 12a from 12b (Separation Date This Period).  Item 12d will be completed to show the amount of prior active military service, less lost time, if any, and item 12e will be completed to show the amount of total prior inactive service, plus the amount of inactive service from previously issued DD Forms 214, less lost time, if any.  DEP time which begins on or after 1 January 1985, is not creditable service for pay purposes and will not be included in item 12c, but is creditable service towards the fulfillment of the statutory military service obligation (MSO). 

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 evidence of record clearly shows that the applicant was ordered to ADT on 2 January 1992, in the VIARNG, and was released from ADT on 27 May 1992, which is shown on his DD Form 214, dated 27 May 1992.  The evidence of record also shows that he enlisted in the Regular Army on 14 July 1993, and that item 12a of his DD Form 214, dated 29 December 2001, is correct.

2.  The applicant’s net active service of 4 months and 26 days, as shown on his DD Form 214, dated 27 May 1992, now becomes his total prior active service on his DD Form 214, dated 29 December 2001.  His net active service of 8 years, 
5 months, and 16 days, as shown on his DD Form 214, dated 29 December 2001, plus his 4 months and 26 days total prior active service are combined for a total of 8 years, 10 months, and 10 days.  However, item 12c and item 12d as depicted on his DD Form 214, dated 29 December 2001, are correct.

3.  The applicant’s total prior inactive service shown in item 12e of his DD Form 214, dated 29 December 2001, includes the amount of inactive service from his DD Form 214, dated 27 May 1992.  This period of service is not counted in item 12c (Net Active Service This Period) but is creditable towards the applicant’s fulfillment of his MSO.  Therefore, item 12c of his DD Form 214, dated 29 December 2001, is correct and should remain unchanged.

4.  The Board notes that there is insufficient evidence of record that the applicant has completed over 10 years of creditable service. 

5.  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.
6.  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

___sc__  ___mm___  ___rs__  DENY APPLICATION

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

INDEX

CASE ID	AR2002068152	
SUFFIX		
RECON		
DATE BOARDED	20020801	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20011229	
DISCHARGE AUTHORITY	AR 635-200, C 13	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  225		
2.		
3.		
4.		
5.		
6.