PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           4 March 2003                 
	DOCKET NUMBER:   AR2003085492

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. William D. Powers		Member	
	Ms. Linda M. Barker		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 DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 February 2001, be removed from his Performance Fiche, Service Computation Data Section of his Official Military Personnel File (OMPF).

3.  The applicant states his DD Form 214, dated 26 February 2001, was prepared in error.  He reenlisted on 30 January 2001, approximately one month prior to the preparation of his DD Form 214, with no break in service.  In support of his application, he submits copies of his:  DD Form 4/1 (Enlistment/ Reenlistment Document – Armed Forces of the United States), dated 30 January 1997; Honorable Discharge Certificate, dated 29 January 2001; Oath of Reenlistment, dated 30 January 2001; and a copy of his revocation orders, dated 20 February 2001.

4.  The applicant’s military records show that he enlisted on 30 January 1997, as a light weapons infantryman (11B), for a period of 4 years.  He continues to serve on active duty in the rank of SSG. 

5.  The applicant provided a copy of his DD Form 4 which shows that he enlisted on 30 January 1997 in the pay grade of E-1.  

6.  The applicant provided a copy of his Honorable Discharge Certificate that shows that he was honorably discharged on 29 January 2001, as a sergeant (SGT/E-5).

7.  The applicant provided a copy of his Oath of Reenlistment that shows that his Oath was administered on 30 January 2001.

8.  The applicant's records contain a copy of his DD Form 4 that shows he reenlisted on 30 January 2001 in the pay grade of E-5.

9.  The applicant's records contain a copy of Headquarters, Fort Myer Military Community Orders Number 273-0004, dated 29 September 2000.  This order shows that the applicant had a reporting date of 26 February 2001 to the transition point.

10.  The applicant provided a copy of Headquarters, Fort Myer Military Community Orders Number 051-0001, dated 20 February 2001 that revoked his orders dated 29 September 2000.  

11.  He was promoted to SSG/E-6 effective 1 November 2002.

12.  The applicant’s Performance Fiche, Service Computation Data Section, shows his DD Form 214, dated 26 February 2001.

13.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from Active Army.  It also states that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.

14.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket (MPRJ), the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  Table 2 of the regulation pertains to the composition of the OMPF.  It states, in pertinent part, that DD Forms 214 will be filed on the Performance Fiche, Service Computation Data Section.  

CONCLUSIONS:

1.  The evidence of record shows that he enlisted on 30 January 1997 and reenlisted on 30 January 2001, with no break in service.  The evidence also shows that orders were published prior to his reenlistment date and were revoked after his reenlistment date.  

2.  The applicant's DD Form 214, dated 26 February 2001 was prepared in error and placed on the applicant's Performance Fiche, Service Computation Data Section.  Therefore, in the interest of justice, the applicant's DD Form 214, dated 26 February 2001 should be expunged from the applicant's OMPF. 

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 for the individual concerned be corrected by expunging the DD Form 214, dated 26 February 2001 from the Service Computation Data Section of the Performance Fiche and any other military records.

BOARD VOTE:  

_RJW__  _WDP___  _LMB___    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Raymond J. Wagner
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003085492	
SUFFIX		
RECON		
DATE BOARDED	20030304	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	Active duty	
DISCHARGE AUTHORITY	Active duty	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	243	
2.		
3.		
4.		
5.		
6.		

.  That so much of the application as is in excess of the foregoing be denied.