PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  6 August 2002
	DOCKET NUMBER:  AR2002068754

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Donald P. Hupman		Member	
	Ms. Paula Mokulis		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 item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry “27 05 08” (27 years, 5 months, and 8 days) instead of the entry “27 04 21” (27 years, 4 months, and 21 days), and back pay and allowances.

3.  The applicant states, in effect, that his total net active service did not reflect his Reserve commission time from 23 July through 9 August 1965.  He was commissioned on 23 July 1965, in the US Army Reserve (USAR), awaiting Regular Army (RA) orders and was commissioned in the RA on 10 August 1965. In support of his application, he submits copies of:  his DD Form 214; DA Form 66 (Officer Qualification Record); DA Form 2a (Personnel Qualification Record); and his Officer Record Brief (ORB). 

4.  The applicant’s military records show that he accepted an appointment in the USAR in the rank of second lieutenant on 23 July 1965.  He was commissioned in the RA on 10 August 1965.  He continued to serve until he was placed on the Army of the United States Retired List on 1 January 1993, in the pay grade of
0-6/COL.

5.  Item 12c of his DD Form 214 shows the entry “27 04 21” (27 years, 4 months, and 21 days).

6.  Item 12d (Total Prior Active Service) and item 12e (Total Prior Inactive Service) shows the entry “00 00 00” (0 years, 0 months, 0 days days).

7.  The applicant provided several documents from his military personnel file that show his pay entry basic date (PEBD) as “23 July 1965” and his basic active service date (BASD) of appointment as “10 August 1965.”  The period of time from 23 July through 9 August 1965 (17 days) is considered inactive service. 

8.  The applicant’s records contain a copy of a TAPC-PD Form 116 (Computation of Officers Service) which shows that the applicant was credited with 27 years,
5 months, and 8 days of total service for basic pay purposes.  It also shows
24 years, 4 months, and 21 days of total active service and 17 days of total inactive service. 

9.  Information provided by the Defense Finance and Accounting Service (DFAS) on 28 July 2002, reveals that the applicant retired in the pay grade of 0-6 with 
27 years, 5 months, and 8 days for basic pay.

10.  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.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was commissioned in the RA on 10 August 1965, and was placed on the Retired List on 1 January 1993.
Therefore, his net active service this period as depicted in item 12c of his DD Form 214, is proper and no correction is required.

2.  The evidence of record shows that the applicant was appointed in the USAR on 23 July 1965 and continued to serve until 9 August 1965 (17 days) awaiting RA orders.  This period of service is considered inactive service and is not shown on his DD Form 214.  Therefore, item 12e should be corrected to show the entry “00 00 17” (17 days) on his DD Form 214.

3.  The Board notes that the applicant is requesting back pay and allowances for his inactive service of 17 days.  However, his records show his PEBD of 23 July 1965, which includes the 17 days of inactive Reserve service and he is not entitled to any back pay and allowances.  

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing in item 12e (Total Prior Inactive Service) of his DD Form 214 the entry “00 00 17.”

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

BOARD VOTE:  

__ls___  ___dh__  __pm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful___
		        CHAIRPERSON

INDEX

CASE ID	AR2002068754	
SUFFIX		
RECON		
DATE BOARDED	20020608	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19921231	
DISCHARGE AUTHORITY	AR 635-200  chap 12	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  338		
2.		
3.		
4.		
5.		
6.