PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 October 1999                   
	DOCKET NUMBER:   AR1999029443

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Ms. Kathleen A. Newman		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 DD Form 214 be corrected to show his correct total prior inactive service and that his retired pay be adjusted accordingly.

3.  The applicant states that he had a total of 1 year, 11 months and 27 days of prior active service as shown on his first DD Form 214.  After his expiration term of service (ETS), he had continuous service in either the U. S. Army Reserve (USAR) or the Army National Guard (ARNG) until he was ordered to active duty in an active guard/reserve (AGR) status on 15 October 1984, for a total of 7 years, 10 months and 9 days of inactive service.

4.  The applicant’s military records show that he initially enlisted in the Regular Army on 6 August 1974.  He was released from active duty and transferred to the USAR Control Group (Annual Training) on 2 August 1976 after completing          1 year, 11 months and 27 days of active service.  (His terminal reserve obligation date being 5 August 1980).

5.  On 15 July 1980, the applicant reenlisted in the USAR for 1 year (making his ETS 14 July 1981).  On 14 January 1981, he extended in the USAR (making his new ETS 14 July 1984).  (A memorandum prepared 12 May 1987 by the U. S. Army Reserve Personnel Center, subject: Retirement Points Pertaining to ____, show he had 9 days of active duty (ADT) during retirement year 13 July 1980 through 12 July 1981; 24 days of ADT during retirement year 13 July 1982 through 12 July 1983; and 13 days of ADT during retirement year 13 July 1983 through 12 July 1984.)

6.  On 13 July 1984, the applicant enlisted in the ARNG.  On 15 October 1984, he was ordered to active duty in an AGR status.  He retired on 1 July 1998.  His DD Form 214 shows he had 2 years and 6 months of total prior active service and 6 years, 2 months and 23 days of total prior inactive service.

7.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that all (prior active) service less time lost will be entered in item 12d and that all (prior inactive) service less time lost will be entered in item 12e.

CONCLUSIONS:

1.  The applicant is correct in stating that his previous DD Form 214 showed he had active duty time of only 1 year, 11 months and 27 days.  However, he additionally had 46 days of active duty (ADT) while in the USAR.  Under the current regulation, this time must be included in item 12d.  It appears that only his first 9-day period of ADT was added to his prior active service thereby making a total of 2 years and 6 days prior active service to be entered in item 12d.  Since his USAR ADT time actually totaled 46 days, these 46 days should have been added to his prior active duty time for a total prior active service of 2 years,         1 month and 13 days.

2.  The applicant is correct in stating that after his ETS on 2 August 1976 he had continuous reserve service until he was ordered to active duty on 15 October 1984.  This would be a total of 8 years, 2 months and 11 days inactive service.  However, out of this total must be subtracted his 46 days of ADT for a total of inactive service of 8 years and 25 days.  

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing the applicant’s DD Form 214, for the period ending          30 June 1998, item 12d to read 0002 01 13 and item 12e to read 0008 00 25.

2.  That the Defense Finance and Accounting Service adjust the applicant’s retired pay accordingly and pay him any and all retired pay due as a result of the above corrections retroactive to the date of his retirement.

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

BOARD VOTE:  

__mkp___  __gdp___  __kan___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029443	
SUFFIX		
RECON		
DATE BOARDED	19991027	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	136.04	
2.	128.14	
3.		
4.		
5.		
6.