PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           5 April 2000                   
	DOCKET NUMBER:   AR1999030241

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr. 		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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 changed to show his total service time, award of two medals, and correct retirement date.

3.  The applicant states that his 14 January 1975 DD Form 214 (the first one) discharging him from the Marine Corps, which shows that he had 1 year,            11  months, and 16 days of service is correct; however, his DD Form 214 of      19 December 1975 (the second one) shows only 1 year, 10 months, and 17 days of prior active service, and is incorrect, as is his DD Form 214 of 30 March 1998 (the third one) which placed him on the temporary disability retirement list (TDRL).  His total active service should reflect 15 years and 17 days.  His retirement date should show 24 May 1999 as reflected in his order removing him from the TDRL and permanently retiring him with a 40 percent disability.  His foreign/sea service was not included on his last DD Form 214.  And his awards of the Meritorious Service Medal and the Air Force Commendation Medal were not included on his DD Form 214.  

4.  The applicant’s military records show that he entered active duty with the Marine Corps on 28 February 1973 and was discharged on 14 January 1975.  His DD Form 214 shows that he had 1 year, 11 months, and 16 days of service. 
It shows 3 months of foreign and/or sea service.

5.  The applicant entered on active duty with the Marine Corps on                       14 October 1975 and was discharged on 19 December 1975.  That DD Form 214 shows 2 months and 5 days of service, and 1 year, 10 months, and 17 days of prior active service.

6.  The applicant entered on active duty with the Army on 5 May 1985.  He was placed on the TDRL on 30 March 1998.  His DD Form 214 shows 12 years,      10 months, and 26 days of service, and 2 years and 23 days of prior active service.  It does not show any foreign or sea service.  It does not show award of the Meritorious Service Medal, 1st oak leaf cluster or award of the Air Force Commendation Medal.

7.  The applicant was awarded the Air Force Commendation Medal for outstanding achievement during the period 19 November 1995 to                       30 March 1998.

8.  The applicant was awarded the Meritorious Service Medal, 1st oak leaf cluster, for meritorious service during the period 19 November to 30 March 1998.

9.  The applicant was removed from the TDRL on 24 May 1999 and permanently retired with a 40 percent disability on the following day.
 
CONCLUSIONS:

1.  The applicant was awarded the Meritorious Service Medal, 1st oak leaf cluster, and the Air Force Commendation Medal.  Those awards should be reflected on his DD Form 214.  

2.  The total service entered on the applicant’s 14 January 1975 DD Form 214 (the first one) is incorrect.  That service should show 1 year, 10 months, and      17 days of service, instead of the 1 year, 11 months, and 16 days shown.  Consequently, the period of prior active service shown on his DD Form 214 (the second one) ending on 19 December 1975 is correct.  However, the period of that service is incorrect and should reflect 2 months and 6 days, instead of the    2 months and 5 days shown.

3.  His DD Form 214 of 30 March 1998 (the third one) has corrected the errors of the two previous separation documents, and shows his correct prior service as    2 years and 23 days.  His periods of service are correct.

4.  The foreign and/or sea service is correctly reflected on his first DD Form 214. The DD Form 214 (the third one) ending on 30 March 1998 only reflects service during the period of that separation document, 5 May 1985 through                   30 March 1998.  Thus, his foreign/sea service during an earlier period would not be reflected on this separation document. 

5.  The DD Form 214 is issued to show separation or discharge from active duty. The applicant was not on active duty when he was removed from the TDRL on 24 May 1999.  Consequently, there is no reason to change his DD Form 214 of 30 March 1998.  He was separated from active duty on that date.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Meritorious Service Medal, 1st oak leaf cluster, and the Air Force Commendation Medal.  

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

BOARD VOTE:  

___sk___  ___rvo__  ___le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR19990030241	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000405	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.00	
2.	107.00	
3.	136.01	
4.		
5.		
6.