MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 March 2000                   
	DOCKET NUMBER:   AR1999030351

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. Christopher J. Prosser		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served continuous active duty service from 10 September 1975 to 5 August 1986.

APPLICANT STATES:  That his DD Form 214 should reflect his previous active military service.  He contends that his service was continuous from 10 September 1975 through 6 August 1986.  He provides a letter from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania and a copy of his DD Form 214 in support of his application.

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

The applicant enlisted in the Regular Army on 10 September 1975, completed training as a wire systems operator and was assigned to Turkey.  He later completed an overseas assignment in Germany and was honorably discharged from active duty on 5 August 1986 by reason of physical disability.

The applicant’s service personnel records contain two DD Forms 214.  The first one has an effective date of 5 June 1979 and the second one has a separation date of 5 August 1986.

The applicant’s DD Form 214 with an effective date of 5 June 1979 shows he entered active duty on 10 September 1975 and completed 3 years, 8 months and 26 days of total active service.

His second DD Form 214 shows he entered active duty on 6 June 1979 and was discharged on 5 August 1986.  This discharge document also shows that he completed 3 years, 8 months and 26 days of total prior active service during his first enlistment which is reflected on his first DD Form 214.

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.  The applicant served on active duty from 10 September 1975 to 5 June 1979 and was issued a DD Form 214 which covered this period of service.  

2.  The applicant reenlisted on 6 June 1979 and remained on active duty until 5 August 1986.  His second DD Form 214 correctly shows this service as well as his prior service.  Therefore, it is correct as currently constituted.

3.  Based on the governing regulation, in effect at the time, a DD Form 214 will not be prepared to cover previous periods of service for which a DD Form 214 has already been issued.  Therefore, the applicant is not entitled to correction of his DD Form 214 with an effective date of 5 August 1986 to show continuous service from 10 September 1975 to 5 August  1986.

4.  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.

5.  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

JLP_____  OWT____  CJP_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030351	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000316	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.