MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 May 2002
         DOCKET NUMBER: AR2002067041

         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. John T. Meixell		Member
Mr. Kenneth W. Lapin		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)

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APPLICANT REQUESTS: In effect, correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of
30 April 1994 to show his prior inactive service in the Rhode Island Army National Guard (RIARNG); his periods of active duty service while in the RIARNG; and his period of active duty service in the Regular Army from
28 February 1975 through 9 February 1978.

APPLICANT STATES: In effect, that his retirement DD Form 214 does not show his period of inactive service in the RIARNG, his periods of active Federal service while in the RIARNG and three years of Regular Army service. He contends that his initial enlistment began in 1975 and that his retirement DD Form 214 should reflect this date of entry. In support of his application, he submits a letter of explanation, dated 10 December 2001; an Honorable Discharge Certificate, dated 9 February 1978, from the Regular Army; a DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 February 1978; an Honorable Discharge Certificate, dated 3 March 1975; National Guard Bureau Form 22 (Report of Separation and Record of Service) with an effective date of
3 March 1975; discharge orders, dated 3 March 1975, from the Army National Guard; DD Form 44 (Record of Military Status of Registrant), dated 29 April 1975; a DD Form 214 with an effective date of 30 April 1994; a Certificate of Appreciation; retirement orders, dated 28 June 1993; and a Leave and Earnings Statement for the period 1-31 January 1994.

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

The applicant enlisted in the RIARNG on 16 October 1970 for a period of
6 years. He served as a chronograph operator and was honorably discharged on 3 March 1975. He enlisted in the Regular Army on 4 March 1975. However, the Army Board for Correction of Military Records, on 21 November 1975, corrected the applicant’s records to show that his enlistment on 4 March 1975 was void, that on 28 February 1975 he enlisted in the Regular Army and that during the period 28 February 1975 to 4 March 1975 he was in an excess leave status without entitlement to pay and allowances for such period. The applicant served as a cannon crewman and was honorably discharged for immediate reenlistment on 9 February 1978. The applicant reenlisted on 10 February 1978 and remained on active duty through continuous reenlistments until he retired in the rank of staff sergeant on 30 April 1994.

Item 12e (Total Prior Inactive Service) on the applicant’s retirement DD Form 214 shows that he served 3 years, 6 months and 13 days. Item 12d (Total Prior Active Service) on the DD Form 214 shows that he served 3 years, 9 months and 8 days.



The applicant’s DA Form 2339 (Application for Voluntary Retirement), dated
24 June 1993, shows that he served 3 years, 6 months and 13 days of inactive service while in the RIARNG.

The applicant’s DA Form 2339 (Application for Voluntary Retirement), dated
24 June 1993, shows that he was credited with 9 months and 27 days of active Federal service while he was serving in the RIARNG.

Records show that the applicant was issued a DD Form 214 for his active duty service in the Regular Army from 28 February 1975 through 9 February 1978. He had served 2 years, 11 months and 12 days of total active service. Prior to the applicant’s immediate reenlistment in the Regular Army on 10 February 1978, his active Federal service and Regular Army service totaled 3 years, 9 months and 8 days.

Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It also states that effective 1 October 1979, DD Form 214’s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.

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 considered the applicant’s contention that his retirement DD Form 214 does not show his period of inactive service in the RIARNG. However, evidence of record shows that the applicant served 3 years, 6 months and
13 days of inactive service in the RIARNG. Item 12e (Total Prior Inactive Service) on the applicant’s retirement DD Form 214 with an effective date of
30 April 1994 shows that he served 3 years, 6 months and 13 days. Therefore, there is no basis for granting the applicant’s request.

2. The applicant’s contentions that his periods of active duty service while in the RIARNG and his active duty service in the Regular Army during the period
28 February 1975 through 9 February 1978 are not shown on his retirement DD Form 214, are not supported by the evidence of record. Evidence of record shows that the applicant served 9 months and 27 days of active Federal service while serving in the RIARNG. Evidence of record also shows that he served
2 years, 11 months and 12 days of active duty service in the Regular Army during the period 28 February 1975 through 9 February 1978, for a total of
3 years, 9 months and 8 days of active service. Item 12d (Total Prior Active Service) on the DD Form 214 shows that he served 3 years, 9 months and
8 days. Therefore, there is no basis for granting the applicant’s request.
3. The Board considered the applicant’s contention that his date of entry on his retirement DD Form 214 should be 28 February 1975, not 10 February 1978. However, evidence of record shows that the applicant was issued a DD Form 214 at the time of his discharge for immediate reenlistment on 9 February 1978. This DD Form 214 covers his initial enlistment in the Regular Army (28 February 1975 through 9 February 1978). The governing regulation states that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. Therefore, the applicant was properly issued a DD Form 214 at the time of his discharge for immediate reenlistment on 9 February 1978.

4. 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.

5. 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

SAC____ JTM____ KWL_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002067041
SUFFIX
RECON
DATE BOARDED	20020507
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.
3.
4.
5.
6.