PROCEEDINGS

           IN THE CASE OF: 

	BOARD DATE:           29 April 1999                       
	DOCKET NUMBER:   AC98-07869
				   AR199925343 

	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. Loren G. Harrell		Director	
	Mr. Wyman Bailey.		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Miller. 		Chairperson	
	Mr. Cristopher J. Prosser		Member	
	Mr. Edwin S. Castle		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 the separation document (DD Form 214) issued to him at the time of his honorable discharge on 28 September 1993, be corrected to show in block 12d (Record of Service/Total Prior Active Service) that he had 00 year(s) 00/month(s) 00 /day(s) prior active service and that block 12f (Foreign Service) show that he had 4 years, 4 months, and 17 days so that he can be reimbursed for his education under the GI Bill.   

3.  The applicant states that he has never served on active duty prior to his enlistment in the Regular Army on 28 September 1988 and that he served in the Federal Republic of Germany (FRG) and not on sea service.  He further states that he was unaware of the discrepancy on his DD Form 214 until he was notified of that fact by the Veterans Administration.  The VA advised him that there was incomplete information pertaining to his prior military service and that reimbursement for his college education under the GI Bill could not be processed until his DD Form 214 is corrected.   

4.  The applicant’s military records were lost.  Information herein was obtained from his DD Form 214 and other sources:   

5.  He enlisted in the Regular Army on 28 September 1988, and served as in Military Occupational Specialty (MOS) 63E00 (M1 Abrams Tank Systems Mechanic) and was discharged on 27 September 1993 in MOS 63E20 at pay grade E-5.  

6.  The DD form 214 issued to him on 27 September 1993 shows the following pertinent information:

a.  Block 6 (Reserve Obligation Termination Date) “23 August 1996”, a period of 2 years, 10 months and 26 days from the date of his discharge;

b.  Block 8a (Last Duty Assignment and Major Command) as “Headquarters and Headquarters Company 5/77th Armored, 1st Armored Division” and 8b (Station Where Separated) shows that the applicant was separated from the “187th Personnel Service Company, Mannheim”, both units in block 8a and b are located in the FRG;  

 c.  Block 9 (Command to Which Transferred) shows USAR Control Group (REINF) Army Reserve Personnel Center, St. Louis Missouri;  

d.  Block 11 (Primary Specialty) shows that the applicant served in MOS 63E20 for a period of 4 years and 7 months;  

e.  Block 12c (Record of Service/Net Active Service This Period) shows 5 years service;  

f.  Block 12d (Record of Service/Total Prior Active Service) shows that he had completed 4 years, 2 months and 20 days prior active service;  

g.  Block 18 (Remarks) shows the applicant as being subject to recall and/or annual screening with an enlistment this period from 28 September 1988 to 7 September 1993 a total of 5 years;   

h.  Block 25 (Separation Authority) shows Army Regulation “635-120”, chapter 4.

7.  Army Regulation 135-91, paragraph 21-1, then in effect, states that effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces (Public Law 98-94).   

8.  Army regulation 635-120 pertains to the personnel actions and separation of Army Officers.   

9.  Army Regulation 625-200, chapter 4, governs the separation of enlisted personnel who have completed their active duty commitment.  

CONCLUSIONS:

1.  There are many discrepancies on the DD Form 214 issued to the applicant on 27 September 1993.  While the DD Form 214 shows that the applicant had completed a net service this period of 5 years, it also shows that he had completed 4 years, 2 months, and 20 days prior active service.  It erroneously shows he had served on sea duty and that he had a remaining reserve service obligation of 2 years, 10 months and 26 days, and that he was subject to being recalled and/or required an annual screening and reassigned to the USAR Control Group Reinforcement. 

2.  Since at the time of the applicant’s enlistment into active service he would have incurred an 8 year service obligation, it is not likely that the applicant could have completed 5 years active service and 4 years, 2 months, and 20 days prior active service and still have a reserve service obligation of 2 years, 10 months and 26 days at the time of his separation.   

3.  The applicant served in the FRG for 4 years, 4 months and 17 days and it would be very unlikely that he would have been on sea service working in the MOS of a M1 Abrams Tanker Systems Mechanic while on sea duty.   

4.  There is nothing in the available documentation that would indicate that the applicant served on active duty as officer.  Therefore, the proper separation authority should have been shown as Army Regulation 635-200, chapter 4.   

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a new DD Form 214 showing: 

	a.  that block 12g reflects 00 years, 00 months, and 00 days prior active service;   

	b.  that block 12f reflects 4 years, 4 months, and 17 days foreign service; and   

	c.  that block 25 reflects separation in accordance with er Army Regulation 635-200, chapter 4.

BOARD VOTE:  

___CJP__ ___ESC_ ___AMC__ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_       Ann M.Cambell_______
		        CHAIRPERSON

INDEX

CASE ID	AC98-07869/AR1999025343	
SUFFIX		
RECON		
DATE BOARDED	19990429	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.