MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            1 March 2000                  
	DOCKET NUMBER:    AR1999032508

	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. Deyon D. Battle		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		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 Certificate of Release or Discharge (DD Form 214) be corrected to show that he enlisted in the Army in August 1975 instead of November 1978 as currently reflected.

APPLICANT STATES:  He states that November 1978 is the incorrect date of his enlistment in the Army and the error will effect his civil service retirement.

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

On 27 August 1975, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a unit supply specialist.  On 23 May 1978, he extended his enlistment for 5 months.

He was honorably discharged on 29 November 1978 for the purpose of immediate reenlistment and he was issued a DD Form 214 which appropriately reflects this period of enlistment.

On 30 November 1978, the applicant reenlisted in the Army for 3 years in the pay grade of E-4.  He successfully completed his training as a practical nurse and as a medical specialist.  On 24 November 1980, he extended his enlistment for a period of 29 months.

On 29 April 1984, he was honorably discharged at the expiration of his term of service.  He had completed 5 years and 5 months net active service this period and he was issued a DD Form 214 which properly reflects this period of enlistment.  His DD Form 214 also properly reflects his 3 years and 3 months total prior active service.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.  It also states that information contained on a previously issued DD Form 214 will not be entered on the preceding DD Form 214, except where specifically requested.

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.  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.
2.  The applicant’s contentions have been noted by the Board.  However, he was issued two DD Forms 214 to reflect both of his periods of enlistment in the Army. In accordance with AR 635-5 the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214 and it will not include information contained on a previously issued DD Form 214 except where specifically directed.

3.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

4.  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

__gdp___  __js_____  ___mmd_  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032508	
SUFFIX		
RECON		
DATE BOARDED	2000/03/01	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  190	110.0100	
2.  		
3.		
4.		
5.		
6.