PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 February 2002
	DOCKET NUMBER:   AR2001062626

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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, in effect, that all his active duty service be included in his Certificate of Release or Discharge From Active Duty (DD Form 214).

3.  The applicant states, in effect, that his DD Form 214 issued to him on 
20 August 1996, does not include all his active duty service.  In support of his application, he submits two DD Forms 214.  

4.  The applicant’s military records show that he served on active duty from 
9 August 1984 to 8 May 1988, at which time he was honorably released from active duty under the provisions of the Fiscal Year 1988 Early Transition Program.  The DD Form 214 issued to him for this period of active duty service confirms that he held the rank of sergeant/E-5, the military occupational specialty (MOS) 96B (Intelligence Analyst), and that he had completed a total of 3 years and 9 months of active duty service on the date of his separation.  

5.  The applicant reentered active duty on 13 October 1994 and served until 
20 August 1996, at which time he was separated with a general, under honorable conditions discharge under the provisions of chapter 13, Army Regulation 
635-200, for unsatisfactory performance.  

6.  The DD Form 214 issued to the applicant for his last period of service, which ended on 20 August 1996, confirms that he held the rank of specialist/E-4, the MOS 96B, and that he had completed a total of 1 year, 10 months, and 8 days of active duty service on that enlistment.  Item 12d (Total Prior Active Service) of the DD Form 214 issued to him for this period of service did not include his prior active service that ended on 8 May 1988, and contained the entry “0000-00-00”, indicating he had no prior service. 

7.  Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Paragraph 2-4, stated in effect, that in item 12d (Total Prior Active Service) would show the total amount of prior active duty service that had been included in previously issued DD Forms 214.

CONCLUSIONS:

1.   The Board notes the contention of the applicant that his DD Form 214, dated 20 August 1996, does not show his total prior active service and finds this claim has merit.

2.  The evidence of record confirms that the applicant was issued a DD Form 214 for a period of service from 9 August 1984 to 8 May 1988, which credited him with a total of 3 years and 9 months of active military service.  It further shows that this period of prior service was omitted from item 12d (Total Prior Active Service) of the DD Form 214 issued to him upon his discharge on 20 August 1996.  Therefore, the Board concludes that it would be appropriate to correct the applicant’s 20 August 1996 separation document to include this period of prior active service at this time. 

3.  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 adding the entry “3 years, 9 months, 0 days” to item 12d (Total Prior Active Service) of the separation document issued to the individual concerned on 
20 August 1996; and by providing him a corrected separation document that reflects this change. 

BOARD VOTE:  

___JH___  __KAK__  __RA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____June Hajjar_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001062626	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/05	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.