Author: CoopeWL

ABCMR Memorandum of                                                             AR1999031084
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2000
	DOCKET NUMBER:   AR1999031084

	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.

Mr. Carl W. S. Chun
Mr. David H. Keller

Director
Analyst

  The following members, a quorum, were present:

| Mr. Mark D. Manning | | Chairperson
| Mr. Walter T. Morrison | | Member
| Mr. Curtis L. Greenway | | 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:  That his DD Form 214 (Certificate of Release or Discharge from Active Duty), issued at retirement on 31 July 1994, be corrected to show he entered active duty on 18 February 1976.

APPLICANT STATES:  That his DD Form 214 contains a typographical error concerning the date he entered the service.  In support of his request, he submits a previous DD Form 214 showing his period of service from 18 February 1976 to 30 January 1979.

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

He entered active duty on 18 February 1976 and was separated with an honorable discharge on 30 January 1979 for the purpose of immediate reenlistment.  The applicant was issued a DD Form 214 for this period of service. 

The applicant was again discharged for the purpose of immediate reenlistment on three subsequent occasions; 29 July 1980, 24 October 1983, and 24 July 1988.  Due to a change in governing regulations, he was not issued a DD Form 214 for any of these periods of service.

The applicant retired from active federal service on 31 July 1994 at Fort Riley, Kansas.  His DD Form 214, item 12 (Record of Service), indicates he entered active duty for the period covered by this DD Form 214 on 31 January 1979, with 2 years 11 months and 13 days total prior active service (his service from 18 February 1976 to 30 January 1979).

Army Regulation 635-5, Separation Documents, establishes policy and outlines procedures for the preparation of DD Form 214.  Effective 1 July 1979, the regulation eliminated the requirement to prepare DD Form 214 for enlisted members who are discharged for immediate reenlistment in the Regular Army.

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’s DD Form 214, issued at retirement, covers his total service from his first reenlistment, 31 January 1979, to his retirement on 31 July 1994.  

2.  The applicant was previously issued a DD Form 214 covering his service from the date he entered active duty, 18 February 1976, to the date he was discharged, 30 January 1979, for the purpose of reenlistment.  Therefore, the entry in item 12a (Date Entered Active Duty This Period) of his retirement DD Form 214 is correct.

3.  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

__mdm__  __wtm__  __clg____  DENY APPLICATION

    Carl W. S. Chun
    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID | AR1999031084
SUFFIX |
RECON |
DATE BOARDED | 20000627
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 110.00
2. |
3. |
4. |
5. |
6. |