PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002074067

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman, Jr.		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 his separation document (DD Form 214) be corrected to show an effective date of separation of 16 April 1974. 

3.  The applicant states, in effect, the DD Form 214 issued to him upon his discharge from the Army erroneously shows his effective date of discharge as 
16 April 1971.  In support of his application, he submits a copy of his DD Form 214 and a letter of support. 

4.  The applicant’s military records show that he entered the Army on 29 June 1970.  He was honorably discharged on 15 July 1971, for the purpose of immediate reenlistment.  On 16 July 1971, he reenlisted for a period of 3 years.  He was trained and served in military occupational specialty (MOS) 63H 
(Engine Powertrain Repairman), and the highest rank he attained while serving on active duty was specialist/ E-4.

5.  While assigned to Fort Carson, Colorado, the applicant voluntarily submitted a request to be discharged for early release to a United States Army Reserve (USAR) unit.  On 24 January 1974, the request was approved by the appropriate authority who directed that the applicant be released from active (REFRAD) effective 16 April 1974.  The applicant was honorably REFRAD from the Army on 16 April 1974, after completing a total of 3 years, 9 months, and 17 days of active military service. 

6.  Special Orders 085, dated 26 March 1974, issued by Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized), Fort Carson, Colorado, authorized the applicant’s REFRAD and transfer to the USAR on 
16 April 1974.  It also directed his assignment to Company C, 429th Engineer Battalion, Gabby Heights, Pennsylvania, with a reporting date of 1 May 1974.   

7.  Item 9d (Effective Date) of the DD Form 214 issued to the applicant on the date of his REFRAD erroneously lists the date as 16 April 1971.  

CONCLUSIONS:

1.  The Board notes the contention of the applicant that the 16 April 1971 effective date of REFRAD from the Army listed in Item 9d (Effective Date) of his DD Form 214 is incorrect, and it finds this claim has merit.

2.  The evidence of record clearly shows that the applicant was honorably REFRAD on 16 April 1974, as confirmed by the approval endorsement of the separation authority and the Special Orders authorizing his separation. Thus, the Board finds that the date listed in Item 9d (Effective Date) of his DD Form 214 was obviously the result of an administrative error, and it concludes it would be appropriate to correct it at this time.  

3.  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 changed   by showing that the individual concerned was REFRAD on 16 April 1974 vice 
16 April 1971, as is currently listed in Item 9d (Effective Date) of his DD Form 214; and by issuing him a corrected separation document that reflects this change.

BOARD VOTE:  

__AAO__  __KWL__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2002074607	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/24	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.