PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 June 2002
	DOCKET NUMBER:   AR2002070416

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 his report of separation (DD Form 214) be corrected to reflect his correct separation date.

3.  The applicant states, in effect, that he was actually discharged on 8 May 1998; however, the DD Form 214 he originally received indicated that he was discharged on 23 March 1998.  He subsequently received another DD Form 214 showing that he was discharged on 19 November 1999.  He then received a notice from the Defense Finance and Accounting Officer (DFAS) informing him that he had been overpaid from March to May 1998 and the money was unjustly collected from him.  He continues by stating that while attached to McDill Air Force Base, Florida, he received an approved Hardship Discharge, to be effective 23 March 1998.  However, because his records had not arrived from his unit in Korea, he could not be separated.  It was not until 6 May 1998 that he was informed that a temporary record would be created in order to separate him.  In doing so, he filled out a new Servicemember’s Group Life Insurance Election and Certificate (SGLV-8286), which became the only document in his records.  On 8 May 1998, he was discharged.  However, the DD Form 214 shows he was discharged on 23 March 1998, in accordance with the orders, which had not been amended.  He continues by stating that he has previously tried to get this error corrected, but was informed that there were no records to be found.  This is because his records were sent to him with his personal effects from Korea and he thought he was supposed to keep them.  In support of his application he submits his Military Personnel Records Jacket (MPRJ), copies of the DD Form 214’s he received and a copy of the SGLV-8286 dated 6 May 1998. 

4.  The applicant’s military records show that he enlisted in Tampa, Florida, on 20 November 1996, for a period of 3 years and training as an armor crewman.  He completed his training at Fort Knox, Kentucky, and was transferred to Korea on 11 May 1997.

5.  On 11 February 1998, he was attached to McDill Air Force Base for the purpose of submitting a request for a hardship discharge.  The applicant’s request was approved and orders were published on 13 March 1998, directing that he be discharged on 23 March 1998.

6.  Meanwhile, on 16 March 1998, his commander in Korea appointed a noncommissioned officer to clear the applicant from the unit.

7.  On 6 May 1998, the applicant completed a SGLV-8286 designating his wife as his principal beneficiary.  However, the DD Form 214 that he was initially issued indicates that he was discharged on 23 March 1998, on temporary records.  A subsequent DD Form 214 indicates that he was discharged on 19 November 1999.  Information contained in the remarks section indicates that he initially served from 20 November 1996 to 8 May 1998.
CONCLUSIONS:

1.  Although there is no definitive evidence in the available records to show the exact date the applicant was discharged, it is apparent, based on the evidence that is available, that the two DD Form 214’s issued to the applicant are both incorrect. 

2.  Inasmuch as he completed a SGLV-8286 on 6 May 1998 and since his second DD Form 214 indicates in the remarks section that his initial service ended on 8 May 1998, it is reasonable to believe the applicant’s contention that he was honorably discharged on 8 May 1998.

3.  Accordingly, it would be in the interest of justice to void the DD 214’s dated 23  March 1998 and 19 November 1999 and issue him a new DD Form 214 showing that he was discharged on 8 May 1998.

4.  Additionally, the Board finds that it would be in the interest of justice to return any monies collected from the applicant based on the incorrect separation date.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by voiding the DD Form 214’s dated 23 March 1998 and 19 November 1999 pertaining to the individual concerned, by issuing him a DD Form 214 showing that he was honorably discharged on 8 May 1998 and by returning any funds collected from the applicant as a result of the incorrect separation date.

BOARD VOTE:  

___kan__  ___inw__  __rtd____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070416	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  190	110.0100/CHG DISCH DATE	
2.		
3.		
4.		
5.		
6.