PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           18 July 2002                  
	DOCKET NUMBER:  AR2001063407

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 latest DD Form 214 (Certificate of Release or Discharge from Active Duty), item 10c (Record of Service – Net Active Service this Period) (sic) shows 13 years and 15 days, and that his retirement points be corrected.

3.  The applicant states that his DD Form 214 (sic) should read 13 years and    15 days instead of 10 years, 1 month and 23 days.  On his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated     21 April 1991, his retirement points from 18 March 1991 to his Terminal Date of Reserve Obligation of 18 October 1992 are not shown.  

4.  The applicant’s available military records show that he served on active duty during the following periods:

	26 September 1968 to 24 August 1971	02 years, 10 months and 27 days

	25 August 1971 to 18 July 1974		02 years, 10 months and 24 days

	19 July 1974 to 13 June 1977		02 years, 10 months and 25 days

	14 June 1977 to 13 October 1981		04 years, 04 months and 00 days

	Total						13 years, 00 months and 16 days

5.  On 13 October 1981, he was honorably discharged from active duty in pay grade E-5 under Army Regulation 635-200, chapter 2, based on the expiration of his term of service.  His DD Form 214 indicates he had 13 years and 16 days of creditable service.  

6.  On 19 October 1981, he enlisted in the Texas Army National Guard in pay grade E-5 and remained until he was voluntarily transferred to the Retired Reserve on 21 April 1991.  Item 10c (Prior Active Federal Service) of his NGB Form 22 incorrectly shows 10 years, 1 month and 23 days, and item 10d (Total Service for Pay) incorrectly shows 19 years, 7 months and 26 days.  Retirement points are not required to be shown on the NGB Form 22.

7.  His Army National Guard Retirement Points History Statement, prepared on 21 February 2002 shows 5,585 Total Career Points, 5,463 Total Points for Retired Pay, and 22 years and 16 days Creditable Service for Retired Pay.

8.  On 19 April 2002, the Chief, Personnel Policy, Programs and Manpower Division, Nation Guard Bureau opined that his length of service should be corrected.  The applicant concurred with the advisory opinion.

CONCLUSIONS:

1.  The evidence of record clearly shows the applicant intended to request correction of his NGB Form 22, not his DD Form 214.  

2.  Notwithstanding the advisory opinion, the corrected length of service is different; however, it is to the applicant’s benefit.

3.  The evidence of record shows that item 12a (Net Active Service this Period) of his DD Form 214, dated 13 June 1977 should be corrected to show 2 years, 10 months and 25 days and item 12c should show 8 years, 8 months and         16 days.  The remaining DD Forms 214 are correct and need not be changed.

4.  Item 10c and 10d, of his NGB Form 22 should be shown as 13 years, 00 months, and 16 days and 22 years, 6 months 19 days, respectively.

5.  Effective 21 April 1991, the applicant was transferred to the Retired Reserve at his own request and he ceased earning retirement points.

6.  The applicant’s retirement points awarded are complete and do not appear to be in error.  He has not shown otherwise.

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

RECOMMENDATION:

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

	a.   Item 12a of his DD Form 214, dated 13 June 1977, as 2 years,          10 months and 25 days; 

b.  Item 12c of his DD Form 214, dated 13 June 1977, as 8 years,             8 months and 16 days;

	c.  Item 10c of his NGB Form 22, as 13 years, 00 months and 16 days; and

d.  Item 10d of his NGB Form 22, as 22 years, 6 months and 19 days.

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

BOARD VOTE:  

_SK_____  _RVO___  _JPI___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		  Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001063407	
SUFFIX		
RECON		
DATE BOARDED	20020718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	135	
2.		
3.		
4.		
5.		
6.