PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            11 April 2002
	DOCKET NUMBER:    AR2001062831

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Richard T. Dunbar		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 Item 18 (remarks) on his DD Form 
214 (Certificate of Release or Discharge from Active Duty), be corrected to show that his Active Guard/Reserve (AGR) Tour ending 30 April 1996, was Federal Service.  He also wants the Meritorious Service Medal, shown on his orders as a Significant Award. 

3.  The applicant states, in effect, that if his AGR tour is authorized under Title 
10 United States Code (USC) 672(d) he will be entitled to Veterans Educational Benefits.  He submits copies of his orders from the Army National Guard placing him on active duty and releasing him from active duty.  He also submits a copy of the Meritorious Service Medal certificate, issued to him on 7 April 1995.

4.  The available records show that he voluntarily entered active duty for 3 years on 4 June 1993 under the provisions of 10 USC 672(d).  He was honorably released from AGR status on 30 April 1995, by reason of voluntary early retirement.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant served in the AGR under 10 USC 672(d).  Therefore, he is entitled to have his records corrected to show this fact in the remarks section of his DD Form 214 dated 30 April 1995.

2.  Additionally, the applicant was awarded the Meritorious Service Medal during his last period of enlistment.  Accordingly, the applicant is entitled to correction of his separation orders.

3.  In view of the foregoing, findings and conclusions correcting the applicant’s record as recommended below will rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  adding to Item 18 on his DD Form 214, the following: 
“Active Guard/Reserve (AGR) Tour ending 30 April 1996, was Federal Service under 10 USC 672(d).” 

b.  by correcting his separation orders number 57-14 dated 21 October 1994 to show, “Yes, Meritorious Service Medal” under “Significant Awards.”

BOARD VOTE:

___MKP__  __EJA___  ___RTD  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001062831	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020411	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.