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ARMY | BCMR | CY2001 | 2001065804C070421
Original file (2001065804C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2001065804


         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Ms. Karen A. Heinz Member
Mr. Thomas Lanyi 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 line 12d (total prior active service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 0 (zero) years of prior active duty, not 5 years.

3. The applicant states that he has had only one period of active service, the 5-year period between 1996 and 2001 and needs to have his DD Form 214 corrected.

4. The applicant submits a copy of his 1996 enlistment packet. This packet includes copies of:

a. a DD Form 4/1 (Enlistment/ Reenlistment Document) that shows that the applicant enlisted on 1 October 1996 with a delayed entry date of 20 November 1996. Item 7 (prior military service), on this form, is blank which indicates no prior service;

b. a DA Form 3286-59 (Statement for Enlistment) that shows that the applicant qualified for two first-time enlistee programs;

c. a DA Form 3286-66 (Statement of Understanding, US Army Incentive Enlistment Program) that shows the applicant was a first time enlistee; and,

d. a DA Form 2366 ( Montgomery GI Bill Act of 1984 Election) which contains a statement, at item b1 (which is blank), that must be signed to indicate that a prior service member acknowledges that they are not eligible for this program. The applicant did sign the form under item c, which states that he was otherwise qualified to participate in the Montgomery GI Bill.

CONCLUSIONS:

1. The Board concludes that the evidence of record clearly shows that the applicant had only one period of service from 1 October 1996, the date of his entrance in the DEP, with active duty from 20 November 1996 through 19 November 2001.

2. Therefore, it is in the interest of justice to correct the error by deleting the indication that the applicant had prior active service from the DD Form 214.

3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.





RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by deleting the entry at line 12d and by showing that the individual concerned had only one period of service.


BOARD VOTE:

_AAO___ __KAH___ __TL __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Arthur A. Omartian________
                  CHAIRPERSON




INDEX

CASE ID AR2001065804
SUFFIX
RECON
DATE BOARDED 20020730
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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