PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 May 2002
	DOCKET NUMBER:   AR2001064764

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 report of separation (DD Form 214) be corrected to reflect the correct information.

3.  The applicant states, in effect, that his DD Form 214 does not correctly reflect his record of service, his home of record (HOR), his place of entry on active duty, his unit of assignment, or his two awards of the Meritorious Service Medal (MSM).  He goes on to state that he entered active duty on 26 April 1985, and remained on continuous active duty as an Active Guard/Reserve (AGR) Recruiter until he was honorably released from active duty on 31 December 1999, and was transferred to the United States Army Reserve (USAR) Control Group.

4.  The applicant’s military records show that he initially enlisted in the Marine Corps Reserve on 19 March 1958, under the delayed entry program and on 6 May 1958, he enlisted in the Marine Corps for a period of 4 years.  He served on active duty until he was honorably discharged on 27 April 1962, due to physical disability.  He had served 3 years, 11 months and 22 days of total active service and 1 month and 17 days of inactive service.

5.  On 26 April 1975, he enlisted in the USAR and remained in the USAR through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 27 September 1984, and was ordered to active duty in Albany, New York on 9 September 1985, for duty as a USAR Recruiter in Albany, New York.  He remained on active duty and reenlisted on 6 August 1993, for a period of 6 years. His HOR on his reenlistment contract indicates that his HOR was Cairo, New York.  

6.  The applicant was transferred to the United States Army Recruiting Battalion (USARB), Columbia, South Carolina, in August 1993, and was assigned for duty at the Hendersonville, North Carolina Recruiting Station (RS).  He was awarded a MSM for his exceptionally meritorious service at the Albany Recruiting Battalion during the period of 9 September 1985 to 2 August 1993.

7.  On 28 May 1999, he extended his enlistment for a period of 4 months and 26 days, which changed his expiration of term of service (ETS) to 31 December 1999.  His AGR tour was also extended to 31 December 1999.

8.  The applicant’s DD Form 214 shows that he was honorably released from active duty (REFRAD) on 30 December 1999 due to completion of required service and was transferred to the USAR Control Group (Reinforcement).  The DD Form 214 issued at the time shows that he entered active duty on 7 October 1999, that he served only 2 months and 24 days of active service during his last period of active duty, that he had 18 years and 19 days of prior active service, that he entered active duty in Hendersonville, North Carolina, that his HOR was Hendersonville, North Carolina, and that his last unit of assignment was the Separation Transfer Point at Fort Bragg, North Carolina.

9.  The applicant was awarded another MSM for meritorious service on 4 February 2000.  The period of that award covered a 10-year period of service. 

10.  The applicant was transferred to the USAR Control Group (Retired) on 1 January 2000.

CONCLUSIONS:

1.  The evidence of record clearly supports the applicant’s contention that his DD Form 214 contains many administrative errors.  Accordingly, it would be in the interest of justice to correct those errors at this time.

2.  His records show that he entered active duty in Albany, New York on 9 September 1985 and he remained on active duty continuously until he was REFRAD on 31 December 1999 and was transferred to the Retired List on 1 January 2000.  There is no evidence in the available records to show that he entered active duty on 26 April 1985 as he contends.

3.  His last reenlistment contract shows that his HOR was Cairo, New York instead of Hendersonville, North Carolina as depicted on his DD Form 214.

4.  The applicant’s last assignment was with Recruiting Command (RC) at the 
USARB, Columbia, South Carolina with duty at the Hendersonville, North Carolina RS and not at the transfer point at Fort Bragg, as depicted on his DD Form 214.
  
5.  The applicant was also awarded two awards of the MSM, which are also not depicted on his DD Form 214 and should be.

6.  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:

a.  by showing that the individual concerned entered active duty on 9 September 1985 and remained on active duty until 31 December 1999, with adjustments being made to his active and inactive service accordingly.

	b.  by showing that he entered active duty in Albany, New York and his HOR was Cairo, New York, instead of Hendersonville, North Carolina, as currently depicted on his DD Form 214; and 

	c.  by showing that he was awarded two awards of the MSM.

	d.  by showing that his last duty assignment was with the USARB, Columbia, South Carolina with duty at the Hendersonville, North Carolina, RB (RC).  

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

BOARD VOTE:  

___fe___  __cjp____  _wtm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001064764	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.