PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            4 September 2003
	DOCKET NUMBER:   AR2003084283

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Frank C. Jones		Member	
	Ms. Barbara J. Ellis		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) dated 30 June 2001 be corrected to reflect in items 12d and e, his correct prior active and inactive service.  

3.  The applicant states, in effect, that his service is incorrectly reflected on his DD Form 214 and although he questioned it at the time of separation, he was informed that it was correct.  He goes on to state that he inquired to the Defense Finance and Accounting Service and requested that his records be audited because he was concerned that he was being overpaid and did not want to get a bill for over-payment of his retired pay and was informed that he was being properly paid.  However, he knows that he was in the Active Reserve for 5 years and 5 months. 

4.  The applicant’s military records show that he enlisted in the United States Army Reserve (USAR) on 5 October 1975.  He entered active duty for training on 8 February 1976 and served until he was released from active duty on 22 May 1976 (105 days) and was returned to his USAR unit.  He continued to serve in his troop program unit and was ordered to active duty for annual training for 14 days each year for 3 years (1977 – 1981) and 12 days in 1976.  On 18 September 1981, he entered into the delayed entry program (DEP) and remained there until his enlistment.  

5.  He enlisted in the Regular Army on 13 October 1981 and served on active duty until 30 June 2001, when he was honorably released from active duty (REFRAD) in the pay grade of E-7 and was placed on the Retired List effective 1 July 2001.  His DD Form 214 issued at the time of his REFRAD indicates that he had served 20 years and 3 days of active service during his current period of service and that he had served 5 years, 7 months and 10 days of prior active service (item 12d).  Item 12e of his DD Form 214 indicates that he had served 4 months and 28 days of prior inactive service.

6.  The applicant's retirement orders indicate that he had 25 years, 3 months and 28 days of active service and that he was being paid for 25 years, 8 months and 26 days of service for pay purposes.

CONCLUSIONS:

1.  The applicant clearly did not serve 5 years, 7 months and 10 days of prior active service, as indicated by his DD Form 214, because he was in the USAR during the period of 5 October 1975 until he enlisted in the Regular Army on 13 October 1981.  During his USAR service he served 5 months and 2 days of active duty for training.

2.  Accordingly, the applicant's DD Form 214 should reflect in item 12d that he served 5 months and 2 days of prior active service and in item 12e, 5 years, 7 months and 7 days of prior inactive service.

3.  Likewise, his retirement orders should reflect that he served 20 years, 5 months and 4 days of active service instead of 25 years, 3 months and 28 days as currently reflected. 

4.  The Board commends the applicant for his honesty and forthrightness in trying to correct this error.  Inasmuch as he has attempted to resolve this error since his retirement without success, the Board finds that it would be in the interest of justice not to hold him pecuniarily liable for any debt incurred that may have resulted from this administrative error.

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 showing that the individual concerned served 20 years, 5 months and 4 days of total active service for retirement purposes (retirement orders), that he served 5 months and 2 days of prior active service (item 12d of DD Form 214), that he served 5 years, 7 months and 7 days of prior inactive service (item 12e), and that he not be held pecuniarily liable for any debt incurred as a result of this administrative error. 

BOARD VOTE:  

___fcj ___  __bje ___  __rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2003084283	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  338	136.0000/RET SVC	
2.		
3.		
4.		
5.		
6.