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ARMY | BCMR | CY2001 | 2001064284C070421
Original file (2001064284C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2001064284


         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Thomas Lanyi Member
Mr. Lester Echols 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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 August 2000, to show a break in service, that item 7a (Place of Entry Into Active Duty) be corrected to show the entry “Montgomery, AL” instead of “Chicago, IL” and that item 7b (Home of Record at Time of Entry) be corrected to show the entry “Lot 203, Twins Trailer Park, Daleville, Alabama 36322.”

3. The applicant states that he had a break in service, that his place of entry on his second enlistment was in Montgomery, Alabama, and that he was residing in Alabama at the time of his enlistment. He also states that his place of entry and home of record at time of entry are incorrect. In support of his application, he submits two copies of his DD Forms 214, dated 31 August 2000 and 3 February 1986, a copy of his DD Form 4/1 (Enlistment/Reenlistment Document), and a letter of explanation.

4. The applicant’s military records show he enlisted on 28 August 1978, as an air traffic controller. He continued to serve until he was placed on the Temporary Disability Retired List (TDRL) on 3 February 1986.

5. US Army Military Personnel Center (MILPERCEN) Orders D81-3, dated 24 April 1987, show that the applicant was removed from the TDRL and was discharged effective 8 May 1987. This order shows his permanent address as “Lot 203, Twins Trailer Park, Daleville, AL 36322.”

6. He reenlisted on 9 July 1987.

7. Item 12a (Date entered AD This Period) of his DD Form 214, dated 31 August 2000, shows the entry “1980 02 03” (3 February 1980).

8. Item 4 (Place of Enlistment/Reenlistment) of his DD Form 4/1, dated 9 July 1987, shows the entry “Montgomery Military Entrance Processing Station (MEPS).”

9. Item 7a (Place of Entry Into Active Duty) of his DD Form 214, dated 31 August 2000, shows the entry “Chicago, IL.”

10. Item 3 (Home of Record at Time of Entry) of his DD Form 4/1, dated 9 July 1987, show the entry “29 W 475 Birchwood Drive Warrenville IL 60555.”

11. Item 7b (Home of Record at Time of Entry) of his DD Form 214, dated
31 August 2000, shows the entry “Carol Stream, IL 60187.”



12. He continued to serve until he was placed on the Retired List on 31 August 2000, in the rank of SFC/E-7.

13. Item 12c (Net Active Service This Period) of his DD Form 214, dated 31 August 2001, shows the entry “0020 06 28 (20 years, 6 months, and 28 days).

14. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that a soldier’s enlistment contract (DD Form 4/1) or appointment document would be used as the source data for completion of item 7a (Place of Entry Into Active Duty) and item 7b (Home of Record at Time of Entry) of the DD Form 214. The city and state where the soldier entered active duty will be entered in item 7a and the home of record at time of entry will be entered in item 7b.

15. The same regulation also stated that item 12a (Date Entered AD this Period) will be completed to show the beginning date of the continuous period of AD for issuance of the present DD Form 214, for which a DD Form 214 was not previously issued and item 12c (Net Active Service This Period) will be completed to show the amount of service, computed by subtracting item 12a (Date Entered AD This Period) from 12b (Separation Date This Period).

16. Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program. Table 11-1, item 3 (Home of Record) states that the street, city, state, and zip code will be entered. Home of Record is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day, can the home of record be changed by the member.

CONCLUSIONS:

1. The evidence of record shows that the applicant enlisted in Montgomery, Alabama and that item 7a (Place of Entry into Active Duty) of his DD Form 214, dated 31 August 2000, is incorrect. Therefore, he is entitled to correction of item 7a (Place of Entry into Active Duty) of his DD Form 214, dated 31 August 2000, to show the entry “Montgomery, AL.”






2. The evidence of records shows that the applicant’s home of record at the time of entry on 9 July 1987, was “Lot 203, Twins Trailer Park, Daleville, AL 36322” and that item 7b (Home of Record at Time of Entry) of his DD Form 214, dated 31 August 2000, is incorrect. Therefore, he is entitled to correction of item 7b (Home of Record at Time of Entry) of his DD Form 214, dated 31 August 2000, to show the entry “Lot 203, Twins Trailer Park, Daleville, AL 36322.”

3. The evidence of record clearly shows that the applicant entered AD on 9 July 1987, and that item 12a (Date Entered AD This Period) of his DD Form 214, dated 31 August 2001, is incorrect. Therefore, item 12a (Date Entered AD This Period) of his DD Form 214, dated 30 September 1996, should be corrected to show the entry “1987 07 09” (9 July 1987) instead of the entry “1980 02 03 ” (3 February 1980).

4. The Board notes that by changing 12a (Date Entered AD This Period) of the applicant’s DD Form 214, dated 31 August 2000, to show 9 July 1987, that
his net active service this period is incorrect. Therefore, item 12c (Net Active Service This Period) of his DD Form 214, dated 31 August 2000, should be changed to show the entry “0013 01 23” (13 years, 1 month, and 23 days) instead of the entry “0020 06 28” (20 years, 6 months, 28 days).

5. 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 for the individual concerned be corrected:

a. by showing in item 7a (Place of Entry Into Active Duty) of the applicant’s DD Form 214, dated 31 August 2000, the entry “Montgomery, AL”;

b. by showing in item 7b (Home of Record at Time of Entry) of the applicant’s DD Form 214, dated 31 August 2000, the entry “Lot 203, Twins Trailer Park, Daleville, AL 36322”;










c. by showing in item 12a (Date Entered AD This Period) of the applicant’s DD Form 214, dated 31 August 2000, the entry “87 07 09”; and

d. by showing in item 12c (Net Active Service This Period) of the applicant’s DD Form 214, dated 31 August 2000, the entry “13 01 23.”

BOARD VOTE:

___fe___ __tl__ __le____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2001064284
SUFFIX
RECON
DATE BOARDED 20020328
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 20000831
DISCHARGE AUTHORITY AR 635-200, C, 12
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 303
2.
3.
4.
5.
6.

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