MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            29 March 2000                  
	DOCKET NUMBER:   AR1999029749

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1985 to show his date of entry on active duty as 19 November 1956 instead of 10 January 1977.  

APPLICANT STATES:  That his record of service is not right on his DD Form 214 with a separation date of 30 November 1985.  He contends that he entered active duty on 19 November 1956, not 10 January 1977 as reflected on his retirement DD Form 214.  In support of his application, he submits a copy of his retirement DD Form 214 with a separation date of 30 November 1985 and a letter of explanation dated 29 July 1999.

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

The applicant was inducted on 19 November 1956 and remained on active duty through continuous enlistments until he retired in the rank of sergeant major on 30 November 1985. 

The applicant’s military records contain five DD Forms 214 which cover all of his service from 19 November 1956 through 30 November 1985.  

The applicant’s records contain a DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 10 January 1977, which shows the applicant reenlisted on 10 January 1977 for a period of 3 years.  The applicant’s retirement DD Form 214 shows in item 12a (Date Entered Active Duty This Period) the entry ”770110” [10 January 1977].  Item 12b (Separation Date This Period) of this DD Form 214 shows the entry “851130” [30 November 1985].

Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  It also states that effective 1 October 1979, DD Form 214’s 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. 

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.  Evidence of record shows the applicant was inducted on 19 November 1956 which began his active duty.

2.  Evidence of record shows all the applicant’s service from 19 November 1956 through 9 January 1977 is covered by four properly constituted DD Forms 214.  
3.  The applicant’s service from 10 January 1977 through 30 November 1985 is also covered by a properly constituted DD Form 214.  

4.  In accordance with the governing regulation in effect at the time in question, a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.

5.  Based on the foregoing, the applicant is not entitled to correction of his DD Form 214 with a separation date of 30 November 1985 to show 19 November 1956 in item 12a (Date Entered Active Duty This Period) because his service from 19 November 1956 through 9 January 1977 is already covered by properly constituted DD Forms 214.

6.  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 the aforementioned requirement.

7.  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

RGH   _ _  MDM          JPS_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029749	
SUFFIX		
RECON		
DATE BOARDED	20000329	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19851130	
DISCHARGE AUTHORITY	10 USC 3914  	
DISCHARGE REASON	For length of service – retirement	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.