MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2002
	DOCKET NUMBER:   AR2002069877

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 dates of service be changed, particularly on his Certification of Military Service, NA Form 13808.

APPLICANT STATES:  That he served in the U. S. Army Reserve (USAR) from  1 December 1987 through 30 November 1995.  His record, particularly his NA Form 13808, does not reflect these dates.

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

He enlisted in the USAR on 1 December 1987.  He was ordered to initial active duty for training on 20 June 1989 and relieved from active duty for training on    17 August 1989 after completing 1 month and 28 days of active service for this period.  When he later requested a copy of the DD Form 214, the available Certificate of Release or Discharge from Active Duty, DD Form 214, made a poor copy so an NA Form 13808 was prepared for him.  (A slightly better copy was obtained by the Board and will be provided to the applicant.)  This DD Form 214, item 12d, indicates that he had 2 months and 5 days of prior active service.

The applicant was ordered to active duty on 22 January 1991 in support of Operation Desert Storm and was released from active duty on 26 March 1991.  The DD Form 214, item 12d for this period indicates that he had 2 months and    5 days of prior active service.

The applicant was transferred to the USAR Control Group (Reinforcement) on  25 November 1993.  He was discharged from the USAR on 30 November 1995.

The U. S. Army Reserve Personnel Command’s (AR-PERSCOM’s) Retirement Points Accounting System erroneously omitted the applicant’s service from          1 December 1987 through 30 November 1989.  An updated summary of retirement points was obtained which indicates he entered service on                  1 December 1987.  However, his active duty points for his period of active duty during Operation Desert Storm was omitted as well as the points that may be creditable for the 2 months and 5 days of prior active service noted on his DD Form 214 for the period ending 17 August 1989.

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.  It will be prepared for all personnel at the time of their retirement, discharge, or released from the Active Army, including after completing initial active duty for training which resulted in the award of a military occupational specialty.  Once issued, a DD Form 214 will not be reissued except under certain circumstances.  It will not be reissued to replace record copies of DD Forms 214 lost by service members.  If no DD Form 214 is available, a statement of service or transcript of military record will be issued.  A Certification of Military Service, NA Form 13038, is issued in the absence of a copy of the actual Report of Separation or its equivalent.  It serves as verification of military service and may be used for any official purpose.  

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.  AR-PERSCOM’s Retirement Points Accounting System erroneously omitted the applicant’s first two years of service.  This error was administratively corrected and now shows he initially entered service on 1 December 1987 with a final retirement year ending date of 30 November 1995 (the date he was discharged from the USAR).  He may contact AR-PERSCOM directly to further adjust, by providing the appropriate supporting evidence, his retirement points as required.

2.  It appears the applicant in effect requests that two documents, his DD Form(s) 214 and NA Form 13808, be corrected to show his entire service in the USAR.  These two documents only record a soldier’s most recent period of continuous active duty.  His prior inactive duty would not be reflected as a date (i.e., item 12a of the DD Form 214 reflects the date he entered active duty for that period) but rather as an aggregate period in item 12e of the DD Form 214.  Inactive service after his release from active duty on 26 March 1991 would not be reflected anywhere on either of these forms.  Since the NA Form 13808 is in effect a substitute DD Form 214, that document would also reflect only his active duty service.

3.  The applicant’s summary of retirement points is a record of his complete service in the USAR.

4.  It is noted that the applicant’s DD Form 214 for the period ending 17 August 1989 shows he had 1 month and 28 days of active service for that period and     2 months and 5 days of prior active service.  However, his DD Form 214 for the period ending 26 March 1991 shows that he had 2 months and 5 days of prior active service.  One of these DD Forms 214 is in error but there is no supporting evidence or indication from the applicant to show which one is correct.  With appropriate supporting evidence or a statement from the applicant indicating that he did not have 2 months and 5 days of prior active service at the time he entered active duty on 20 June 1989, he may request correction of the incorrect DD Form 214.

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

_ _INW_ _  __KAN__  __RTD__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069877	
SUFFIX		
RECON		
DATE BOARDED	2002/06/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.