PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 July 2002
	DOCKET NUMBER:   AR2002071866

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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, in effect, that the date entered in Item 12a 
(Date Entered Active Duty This Period) of his 4 February 1983 separation document (DD Form 214) be corrected to reflect the proper date.   

3.  The applicant states, in effect, that he entered active duty in 1977 and Item 12a of his 4 February 1983 DD Form 214 incorrectly lists the date as 5 February 1980.  He comments that the fact he served on active duty in 1977 is further verified by the entry in Item 14 (Military Education) of the DD Form 214, which confirms that he completed the military occupational specialty (MOS) 76V (Material Storage and Holding Specialist) course in 1977.  

4.  The applicant’s military records show that he initially enlisted in the Regular Army for three years and entered active duty on 22 March 1977.  He successfully completed basic training at Fort Dix, New Jersey and advanced individual training (AIT) at Fort Lee, Virginia.  Upon completion of AIT, he was awarded MOS 76V (Material Storage and Holding Specialist).

5.  On 4 February 1980, while serving in the rank of specialist four (SP4), at Fort Knox, Kentucky, the applicant was honorably discharged for the purpose of immediate reenlistment.  No separation document was issued for this first period of active duty service, from 22 March 1977 through 4 February 1980.  

6.  On 5 February 1980, he reenlisted in the Regular Army for 3 years, and he continuously served on active duty until being honorably discharged on 
4 February 1983, by reason of expiration of term of service (ETS).

7.  The DD Form 214 issued to the applicant upon his separation from active duty on 4 February 1983, contains the following year month and day entry in Item 12a (Date Entered Active Duty This Period):  “80 02 05.”  Item 12c (Net Active Service This Period) contains the entry 3 years, 0 months, and 0 days, and Item 12d (Total Prior Active Service) contains the entry 2 years, 10 months, and 
13 days.  Item 18 (Remarks) contains no entry addressing the applicant’s active duty reenlistment during the period.  

8.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 1-4b(5), states in effect, that a DD Form 214 will not be prepared for enlisted members discharged for the purpose of immediate reenlistment in the Regular Army.  

9.  Chapter 2 of the regulation provides item by item guidance for DD Form 214 entries.  It states, in pertinent part, that the entry in Item 12a (Date Entered Active Duty this Period) will be the beginning date of the continuous period of active duty for the DD Form 214 being issued for which a DD Form 214 was not previously issued.  Guidance for entries in Item 18 (Remarks) states, in pertinent part, that for enlisted soldiers with more than one enlistment during the period covered on the DD Form 214, enter “Immediate reenlistments this period” and specify dates.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that Item 12a of his DD Form 214 should be corrected, and it finds this claim has merit.  By regulation, the date entered in Item 12a of the DD Form 214 should be the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.  

2.  Based on the regulatory guidance for the preparation of the separation documents and given the applicant was not issued a DD Form 214 for his first enlistment, from 22 March 1977 through 4 February 1980, the Board concludes that several entries contained in Item 12 (Record of Service) of his 4 February 1983 DD Form 214 are incorrect and should be changed at this time. 

3.  Item 12a (Date Entered Active Duty) of the applicant’s DD Form 214 contains the date 5 February 1980; however, it should read 22 March 1977, which is the first day he entered active duty in the Regular Army.  Item 12c (Net Active Service This Period) incorrectly lists the period as 3 years.  By regulation, it should list his entire period of active service for which a DD Form 214 was not issued.  In this case, the period should include the applicant’s period of active duty service from 22 March 1977 through 4 February 1983.  Therefore, the Item 12c entry should be changed to read 5 years, 10 months, and 13 days.

4.  In addition, Item 18 (Remarks) of the applicant’s DD Form 214 contains no entry.  By regulation, it should contain an entry that documents the immediate reenlistments for the period of the separation document.  Therefore, the Board concludes that the following entry should be added to Item 18 of the applicant’s 
4 February 1983 DD Form 214:  “Immediate reenlistments this period – 
22 March 1977 – 4 February 1980.”  

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

RECOMMENDATION:

That the DD Form 214 issued to the individual concerned, dated 4 February 1983, be corrected by changing the following items of the document as indicated: Item 12a (Date Entered Active Duty This Period) – delete the entry “80 02 05” and replace it with the entry “77 03 22”; Item 12c (Net Active Period This Service) delete the entry “03 00 00” and replace it with the entry “05 10 13”; Item 12d (Total Prior Active Service) – delete the entry “02 10 13” and replace it with the entry “00 00 00”; Item 18 add the entry “Immediate reenlistments this period: 770322 – 800204”; and by providing him a corrected separation document that reflects these corrections.

BOARD VOTE:  

__RVO__  __RTD__  __KWL__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					        ___Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2002071866	
SUFFIX		
RECON		
DATE BOARDED	2002/07/25	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1983/02/04	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  227	112.0500	
2.		
3.		
4.		
5.		
6.