MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 May 2003                  
	DOCKET NUMBER:   AR2003085469

	I certify that hereinafter is recorded the record of consideration 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. Ted S. Kanamine		Member	
	Mr. Lawrence Foster 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his separation document (DD Form 214) be corrected to show he entered the Army on 21 July 1970 vice 
28 September 1970, which is currently shown.  

APPLICANT STATES:  In effect, that the active duty entry date of 28 September 1970 recorded in his DD Form 214 is incorrect.  He claims that the Department of Veterans Affairs (VA) shows a documented military entrance examination on 
21 July 1970, when he entered the service at Ashland, Kentucky.  He requests that his DD Form 214 be corrected to show this date.  

EVIDENCE OF RECORD:  The applicant's military records show:

The Enlistment Contract - Armed Forces of the United States (DD Form 4) on file in the applicant’s Official Military Personnel File (OMPF), which was authenticated by the applicant with his signature in Item 55 (Statement of Enlistment), confirms that he enlisted in the Regular Army (RA) for two years and entered active duty on 28 September 1970.  

Special Orders Number 189, dated 28 September 1970, issued by the Armed Forces Examining and Entrance Station, Ashland, Kentucky, also confirm that the effective date of his enlistment was 28 September 1970.  

The applicant’s Enlistment Qualification Record (DA Form 20), which was prepared on him upon his entry on active duty confirms, in Item 16 (Service Dates), that his Basic Active Service Date (BASD) and Basic Pay Entry Date (BPED) were established as 28 September 1970.  The applicant signed this document in Item 47 (Signature of Individual), thereby confirming that the information contained in the record was correct when the record was prepared.  This includes the BASD and BPED recorded in the DA Form 20.

On 16 December 1970, the applicant was discharged under the provisions of Army Regulation 635-200, by reason of not meeting medical fitness standards at the time of his enlistment.  The DD Form 214 issued to him on the date of his discharge confirms that he entered active duty on 28 September 1970.  It also verifies that as of the date of his discharge, he had completed a total of 2 months and 18 days of active military service.  The applicant authenticated this separation document in Item 32 (Signature of Person Being Transferred or Discharged), thereby verifying that the information contained in the separation document was correct at the time it was prepared and issued.  

Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item by item guidance and instructions for DD Form 214 entries.  
The specific instructions contained in the regulation in effect at the time of the applicant’s discharge specified that the entry in Item 17c (Date of Entry) would be the date the member entered active duty.  The source documents used for this entry were the DD Form 4 and DA Form 20.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s contention that the date he entered active duty recorded in his DD Form 214 is incorrect.  However, it finds insufficient evidence to support this claim.

2.  The enlistment contract on file in the applicant’s OMPF confirms that he enlisted in the RA and entered active duty on 28 September 1970.  The Enlisted Qualification Record that was prepared on him upon his entry on active duty also confirms that his BASD and BPED were established as 28 September 1970.  The applicant signed this DA Form 20 verifying that the information contained therein was correct at the time the record was prepared.  

3.  The DD Form 214 issued to the applicant on 16 December 1970, the date of his discharge, also confirms in Item 17c (Date of Entry) that he entered active duty on 28 September 1970.  The applicant authenticated this document with his signature on the date it was prepared and issued, thereby verifying that the information contained in this properly constituted separation document was correct at that time.  

4.  The applicant is advised that Military Entrance Station processing does not automatically translate into an enlistment date that entitles one to service credit.  The date a member actually enters active duty as documented in the enlistment contract and accompanying orders is the date recorded in a DD Form 214, and is the date from which active duty service credit begins.  

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___TK___  ___LF___  __MP____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003085469	
SUFFIX		
RECON		
DATE BOARDED	2003/05/13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/12/16	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Not Meet Entrance Physical Standards. 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  3	100.0200	
2.		
3.		
4.		
5.		
6.