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ARMY | BCMR | CY2001 | 2001064619C070421
Original file (2001064619C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 05 FEBRUARY 2002
         DOCKET NUMBER: AR2001064619


         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:

Ms. June Hajjar Chairperson
Ms. Karol A. Kennedy Member
Mr. Roger W. Able 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 military records be corrected to show that he entered active duty in 1974 vice 1977. He states that his dates of service on his 1984 DD Form 214 (Certificate of Release or Discharge from Active Duty) are incorrect. Although he submits no evidence in support of his request he does state that he was hospitalized at William Beaumont Army Hospital in 1976 while on active duty.

3. Records available to the Board indicate the applicant served an initial period of active duty between 20 June 1969 and 16 March 1972, a period of 2 years, 8 months, and 17 days, for which he was issued a DD Form 214.

4. The applicant's existing military personnel file, which appears to have been created in 1987 when he returned to active duty for a third time, also contains a DD Form 214 reflecting a period of active duty between 2 June 1977 and
1 September 1984. Although copies of documents associated with his initial two periods of active duty are not in the existing military personnel file, including copies of his enlistment/reenlistment contracts, other documents that are available indicate the applicant did enlist and return to active duty on
28 August 1974 as he contends. His records do contain copies of orders awarding him a secondary specialty in July 1976 and a certificate of training, which indicates he completed an 80 hour training course at Fort Bliss, Texas in October 1975. His record indicates his date of rank as a private first class was 28 August 1974, the date he returned to active duty following his initial period of active duty, and he was promoted to pay grade E-4 in December 1974. A Medical Evaluation Board summary, completed in 1990, notes that "in 1976, while on active duty, the servicemember injured his right knee playing football" and ultimately underwent knee surgery on 25 May 1976.

5. The applicant's September 1984 DD Form 214 captures the applicant's period of active duty between 2 June 1977 and 1 September 1984. Item 12d (total prior active service) does note that the applicant had 5 years, 5 months, and 21 days of prior active service which would account for his 2 years, 8 months, and 17 days of active duty between 1969 and 1972 and the 2 years, 9 months, and 4 days of active duty between 28 August 1974 and 1 June 1977 (the day prior to the beginning date of service on his 1984 DD Form 214).

6. Army Regulation 635-5, which establishes the policies and procedures for the issuance of DD Forms 214 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, it was not until the mid 1980’s that the Army ceased issuing a new DD Form 214 each time a soldier was discharged for the purpose of immediate reenlistment.

7. In April 1987 the applicant returned to active duty for a third time. He was discharged on 29 October 1990 as a result of a physical disability. The 1990
DD Form 214 does capture the applicant's more than 12 years of prior active duty in item 12d (total prior active service) which confirms the applicant's active duty between 1969 and 1972 and between 1974 and 1984.

CONCLUSIONS:

1. The evidence confirms the applicant returned to active duty on 28 August 1974 and served continuously until 1 September 1984. The evidence suggests the applicant likely was discharged for the purpose of immediate reenlistment on 1 June 1977 and in all probability was issued a DD Form 214 for that period
(28 August 1974 through 1 June 1977), which would explain the record of service information contained it item 12 on his 1984 DD Form 214. Unfortunately a copy of that DD Form 214 is not in available records and the applicant apparently does not have a copy either.

2. In view of the foregoing, and in the interest of justice and equity, the Board concludes that it would be appropriate to correct item 12a (date entered AD this period) on the applicant's 1984 DD Form 214 to show that he entered active duty on 28 August 1974 and to adjust the information in items 12c (net active service this period) and 12d (total prior active 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 1984 DD Form 214 that he entered active duty on 28 August 1974, vice 2 June 1977, and that items 12c and 12d be adjusted accordingly.

BOARD VOTE:

__JH ___ __KAK __ __RWA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______June Hajjar ____
                  CHAIRPERSON



INDEX

CASE ID AR2001064619
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020205
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.


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