PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            1 August 2000                  
	DOCKET NUMBER:   AR1999031470

	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. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Deborah S. Jacobs		Chairperson	
	Mr. Karol A. Kennedy		Member	
	Mr. Ernest W. Lutz Jr. 		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 (Report of Separation from 
Active Duty) item 18 (Record of Service) be corrected to show his service.

3.  The applicant states that his DD Form 214 is in error because it does not verify his service.  He submits a copy of his current DD Form 214 for the period of service ending 10 May 1972, a copy of his DD Form 215 (Correction to DD Form 214), and a copy of his General Discharge Certificate.

4.  The applicant’s military records show that prior to the enlistment under review, he served honorably in the US Army National Guard from 18 May 1967-27 May 1970.  During this period of service he served in an active duty for training status from 17 July 1967-13 November 1967.  Thus, this service computation is
3 months and 27 days active duty and 2 years, 8 months and 12 days inactive service. 

5.  On 28 May 1970, he enlisted in the Regular Army for a period of 3 years.  
He was absent without leave (AWOL) from 13-21 September 1971.  He was also AWOL from 13-14 March 1972, and from 20 March-14 April 1972.  His verifiable lost time equals 45 days. 

6.  On 10 May 1972, he was discharged for the good of the service under the provisions of Army Regulation 635-200, with an undesirable discharge (UD).  He had served 1 year, 11 months and 12 days on active duty.  However, the 45 days lost time is deducted from this service.  Therefore, he had 1 year, 9 months and 27 days of creditable active military service for this period of enlistment.

7.  A DD Form 214 was issued at the time of his discharge.  All entries in item 
22 (Statement of Service) were marked as not verified.  In item 26 the remark was made that the entries in Item 22 would be corrected in the future by issuance of a DD Form 215 (Correction to DD Form 214).  However, there is no record to indicate that a DD Form 215 was ever issued. 

8.  Item 26a (Non-Pay Periods Lost Time) shows that he had lost time from 
13-14 March 1972 and from 20 March-14 April 1972.  The period of AWOL from 13-21 September 1971 is not shown.

9.  On 25 May 1977, the Army Discharge Review Board (ADRB) upgraded his UD to a general discharge (GD), under honorable conditions, under the provisions of the Special Discharge Review Program (SDRP).

10.  A new DD Form 214 was issued to the applicant at the time of the upgrade of his discharge, effective 10 May 1972.  The format of the DD Form 214 was changed between 1972 and 1977.  The entries for “Statement of Service” were changed to “Record of Service” and were now shown in item 18 on the new DD Form 214.  The DD Form 214 item 18 (Record of Service) is marked as “Not Verified” in 18a (Net Active Service This Period); 18b (Prior Active Service);
18c (Total Active Service); 18d (Prior Inactive Service); 18e (Total Service for Pay); and 18f (Foreign and or Sea Service this Period).

11.  Item 27 (Remarks) shows that the applicant was told that he would be issued a DD Form 215 (Correction to DD Form 214) to provide the missing information.  Again, there is no evidence that a DD Form 215 was issued.

12.  The applicant’s lost time from 13-14 March 1972 and from 20 March-14 April 1972 was shown in Item 27 (Remarks) of the new form.  However, his period of AWOL from 13-21 September 1971 was still not shown.

13.  On 25 June 1978, the ADRB reviewed the upgrade of the applicant’s discharge under the SDRP, under the provisions of Public Law 95-126, and voted to affirm the SDRP upgrade to a GD under uniform (current) standards.

14.  On 1 September 1978, the applicant was issued a DD Form 215 showing that the characterization of his service was reviewed and changed to a GD under current standards.

15.  His active duty for training time and his RA active duty service equals
2 years, 1 month and 24 days.

16.  His total active service and his prior inactive service equate to his total service for pay.  This service equals 4 years, 10 months and 6 days. 

17.  The applicant’s foreign and/or sea service for this period cannot be verified.  The available records show that he served in the Republic of Vietnam from August 1970-August 1971.  However, the exact dates are not a matter of record.

CONCLUSIONS:

1.  The most recent version of the applicant’s DD Form 214 does not contain verified periods of service.  

2.  The DD Form 214 should show in item 18 as follows:  18a (Net Service This Period) 1 year, 9 months and 27 days; 18b (Prior Active Service) 3 months and 27 days; 18c (Total Active Service) 2 years, 1 month and 24 days; 18d (Total Service for Pay) 2 years, 8 months and 12 days; 18e 4 years, 10 months and
6 days.

3.  Item 18f, (Foreign and/or Sea Service) for this period cannot be verified, so must remain “Not Verified.”

4.  Since the exact dates of his service in the RVN are unknown but the inclusive months and years are known, as an exception to policy, this data should be shown in Item 27 as a Remark. 

5.  Further, his period of lost time from 13-21 September 1971 is not shown on his current DD Form 214.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected and as an except to policy the individual concerned be issued a new DD Form 214 showing service credit as follows:

18a (Net Active Service this Period) equals 1 year, 9 months and 27 days;

18b (Prior Active Service) equals 3 months and 27 days;

18c (Total Active Service) equals 2 years, 1 month and 24 days;

18d (Prior Inactive Service) equals 2 years, 8 months and 12 days;
	
	18e (Total Service for Pay) equals 4 years, 10 months and 6 days; and

18f.  Not Verified.

2.  Add the applicant’s RVN service from August 1970-August 1971 to Item 27, as an exception to policy. 

3.  Also add to Item 27, the applicant’s additional lost time from 13-21 September 1971. 

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

BOARD VOTE:  

__dsj___  __kak____  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Deborah S. Jacobs__
		        CHAIRPERSON

INDEX

CASE ID	AR1999031470	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19720510	
DISCHARGE AUTHORITY	DOD Discharge Review (Special) 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.		

7.  His current DD Form 214 does not show his period of lost time from 
13-21 September 1971. 

10.	His active duty for training time and his RA active duty service equals
2 years, 2 months and 9 days.