PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 JULY 2002                   
	DOCKET NUMBER:   AR2002075546

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Harry B. Oberg		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 her 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she entered active duty on 29 November 1978, vice 30 June 1981.  She states that she did not receive a DD Form 214 when she was discharged from active duty on 
29 June 1981 for the purpose of immediate reenlistment.  She notes, in effect, that the lack of a DD Form 214 for her initial period of active duty appears to create a "gap" in her service time.  In support of her request she submits a copy of her 1989 DD Form 214 and copies of her 1978 and 1981 enlistment contracts.

3.  Records available to the Board indicate the applicant initially entered active duty on 29 November 1978.  She was discharged for the purpose of immediate reenlistment on 29 June 1981.  The applicant was not issued a DD Form 214 at the time of her June 1981 discharged for purpose of immediate reenlistment.

4.  The applicant reenlisted on 30 June 1981 and continued in an active status until she was discharged on 29 January 1989.  The applicant's January 1989 DD Form 214 captures the applicant's initial period of active duty between 29 November 1978 and 29 June 1981 in item 12d (Total Prior Active Service) on her 1989 DD Form 214.  That item reflects that period as 2 years, 7 months, and 1 day.  Additionally, item 18 (Remarks) also notes that initial period of service between 29 November 1978 and 29 June 1981.

5.  Army Regulation 635-5, which established the policies and procedures for the issuance of DD Forms 214, and which was effective at the time of the applicant's 1981 separation for the purpose of immediate reenlistment, states that a DD Form 214 will not be prepared for enlisted members at the time they are discharged for the purpose of immediate reenlistment in the Regular Army.  However, Change 1 to that regulation, published on 1 July 1981 with an effective date of 1 August 1981, indicated that item 12a (Date Entered AD This Period) would reflect the "first day of the last immediate reenlistment for which a DD Form 214 was not issued" for an individual who was discharged solely for the purpose of reenlistment.  That 1981 revision to the regulation has been incorporated into subsequent publications of Army Regulation 635-5, and was in effect at the time of the applicant's 1989 separation. 

CONCLUSIONS:

1.  The regulation, in effect at the time of the applicant's 1989 separation from active duty, clearly stated that the information in item 12a of the DD Form 214 would reflect the first day of the last immediate reenlistment for which a DD Form 214 was not issued.  The applicant was not issued a DD Form 214 at the time of her June 1981 discharge for the purpose of immediate reenlistment.  As such, item 12a on her 1989 DD Form 214 should have reflected her 29 November 1978 enlistment date.

2.  In view of the foregoing, the Board concludes that it would be appropriate to correct item 12a on the applicant's 1989 DD Form 214 to show that she entered active duty on 29 November 1978 and to adjust the remaining information in items 12c (Net Active Service This Period) and 12d (Total Prior Active Service) in item 12 (Record of Service) accordingly.

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 showing on the applicant's 1989 DD Form 214 that she entered active duty on 29 November 1978, vice 30 June 1981, and that items 12c and 12d be adjusted accordingly.

BOARD VOTE:  

__TSK__  __JTM___  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ted S. Kanamine_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002075546	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020711	
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.	110.00	
2.		
3.		
4.		
5.		
6.