PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 August 2002
	DOCKET NUMBER:   AR2002073775

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg		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 he entered active duty is incorrectly listed in Item 12a (Date Entered AD This Period) of his separation document (DD Form 214).

3.  The applicant states, in effect, that he entered active duty (AD) on 
3 November 1981, and this is date that should be entered in Item 12a of his
DD Form 214.  However, the separation document incorrectly lists the date 
5 October 1984 in Item 12a.

4.  The applicant’s military records show that on 28 July 1981, he enlisted in the Delayed Entry/Enlistment Program (DEP) and on 3 November 1981, he enlisted in the Regular Army and entered active duty.   

5.  The applicant’s Enlisted Record Brief (ERB) confirms based on his enlistment dates, his Pay Entry Basic Date (PEBD) was established as 28 July 1981, and his Basic Active Service Date (BASD) was established as 3 November 1981.

6.  On 28 January 2002, Orders Number 028-004, dated 28 January 2002, issued by Headquarters, United States Army Europe, Bamberg Transition Center, Germany, directed the applicant’s REFRAD on 31 March 2002 and his placement on the Retired List on 1 April 2002.  It also verifies that as of the date of his REFRAD, he had completed a total of 24 years, 4 months, and 29 days of creditable active military service for retirement and 20 years, 8 months, and 
4 days for basic pay purposes.  

7.  The DD Form 214 issued to the applicant on the date of his REFRAD for retirement indicates that he entered active duty on that particular period of service on 5 October 1984.  It also contains entries that indicate that he completed a total of 24 years, 4 months, and 28 days of active duty service on this period, which accounts for all his active duty service.  It also shows that he completed no prior active or inactive service.  

8.  The applicant’s record confirms that his active duty service was continuous from 3 November 1981 through 31 March 2002, and there is no indication of a break in service or of any lost time accrued by him during his active duty tenure.  In addition, there is no indication that the applicant was ever issued or received a separation document prior to the one that was issued to him upon his REFRAD for the purpose of retirement on 31 March 2002.

9.  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.  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.  

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 3 November 1981 through 4 October 1984, the Board concludes that several entries contained in Item 12 (Record of Service) of his 31 March 2002 DD Form 214 are incorrect and should be corrected at this time.  

3.  Item 12a (Date Entered AD This Period) of the applicant’s 31 March 2002, 
DD Form 214 contains the date 5 October 1984; however, it should read 
3 November 1981, which is the first day he entered active duty in the Regular Army.  Item 12c (Net Active Service This Period) incorrectly lists the number of days as 28.  The number of days should be 29, as evidenced by the BASD entered in the applicant’s ERB and by computing his total active military service time from 3 November 1981 through 31 March 2002, which total 20 years,
4 months, and 29 days.  Finally, Item 12c (Total Prior Inactive Service) should contain an entry that accounts for the 4 months and 5 days of inactive service the applicant performed in the DEP, as confirmed by the PEBD recorded in his ERB and the basic pay entry in his retirement orders. 

4.  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 31 March 2002, be corrected by changing the following items of the document as indicated: Item 12a (Date Entered Active Duty This Period) – delete the entry “1984 10 05” and replace it with the entry “1981 11 03”; Item 12c (Net Active Service This Period) - delete the entry “0020 04 28” and replace it with the entry “0020 04 29”;
Item 12e (Total Prior Inactive Service) – delete the entry “0000 00 00” and replace it with the entry “0000 03 04”; and by providing him a corrected separation document that reflects these corrections.

BOARD VOTE:  

__MKP__  __CJP __  _ _HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2002073775	
SUFFIX		
RECON		
DATE BOARDED	2002/08/29	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2002/03/31	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Retirement 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  227	112.0500	
2.		
3.		
4.		
5.		
6.