MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 January 2003
	DOCKET NUMBER:   AR2002077511

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Marla J. N. Troup		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that Item 12b (Separation Date this Period) of his separation document (DD Form 214) be changed to show a year of 1988 vice the 1982 date that is currently entered.  

APPLICANT STATES:  In effect, that his years of service are not accurately reflected.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 23 April 1982, he enlisted in the United States Army Reserve (USAR) for six years.  On 14 May 1982, he was ordered to initial active duty for training (IADT) for a period of six months.  

On 16 July 1982, the applicant completed basic training at Fort Dix, New Jersey. On 19 November 1982, he completed advanced individual training (AIT) at Fort Jackson, South Carolina, and he was awarded the military occupational specialty (MOS) 63B (Light Wheel Vehicle and Power Generation Mechanic).  

On 16 December 1982, the applicant completed the basic airborne course at Fort Benning, Georgia, and he was awarded the special qualification indicator (SQI) 
P (Parachutist).  On that same date, he was released from active duty (REFRAD) and returned to his USAR unit of assignment.  

At the completion of his IADT, the applicant was issued a DD Form 214 that confirms that he served on active duty for 7 months and 3 days from 14 May 1982 through 16 December 1982.  It also shows that upon his REFRAD, he was transferred to the 12th Services Company, Arlington Heights, Illinois, his USAR unit.  The applicant authenticated this document with his signature in Item 21 (Signature of Person Being Separated), which certifies that to the best of his knowledge the information contained in the separation document was correct at that time.  

The applicant’s Personnel Qualification Record (DA Form 2-1) confirms that he arrived back at his USAR unit for duty on 17 December 1982.  On 23 June 1987, he was released from his USAR unit of assignment and transferred to the USAR Control Group, St. Louis, by reason of unsatisfactory performance, and on 
22 April 1988, he was honorably discharged from the USAR.  His DA Form 2-1 and Military Personnel Records Jacket (MPRJ) give no indication that subsequent to the completion of his IADT, he ever again completed a period of active duty service that required the issue of a DD Form 214.    

Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  

Chapter 2 contains guidance on the preparation of the DD Form 214 and it states, in pertinent part, that the DD Form 214 is a summary of a soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a soldier's service.  It further provides, in pertinent part, for issuing a DD Form 214 to Reserve Component (RC) soldiers for active duty periods of 90 days or more or for periods of mobilization under certain provisions of the law.  There are no provisions for providing a DD Form 214 to document USAR service not performed on active duty.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s contention that his DD Form 214 should be corrected to show a service ending year of 1988.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that the applicant served on active duty for 
7 months and 3 days between 14 May and 16 December 1982, and that upon completion of this period of IADT, he was issued a DD Form 214 in accordance with the applicable regulation.  

3.  The record also confirms that upon completion of his IADT on 16 December 1982, the applicant was transferred to his USAR unit, and that he served with that unit until being released for unsatisfactory participation on 23 June 1987.  It also verifies that he was ultimately honorably discharged from the USAR on 
22 April 1988.  Further, the record gives no indication that he ever served a period of active duty subsequent to the completion of his IADT on 16 December 1982 that would have authorized the issue of another DD Form 214.  

4.  In view of the facts of this case, the Board finds no evidence that shows any error or injustice related to the DD Form 214 in question or that would authorize the issue of a second separation document for a subsequent qualifying period of active duty service.  Therefore, the Board concludes that the requested relief is not warranted in this case. 

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __AAO  _  __MJNT__  DENY APPLICATION 

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002077511	
SUFFIX		
RECON		
DATE BOARDED	2003/01/16	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	22 April 1988	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  225	112.0300	
3.		
4.		
5.		
6.