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ARMY | BCMR | CY2002 | 2002067979C070402
Original file (2002067979C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2002067979


         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Curtis L. Greenway Member
Ms. Regan K. Smith 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, that his separation document (DD Form 214) be corrected to show all time served in the United States Army.

3. The applicant states, in effect, that the separation document issued to him upon his retirement does not account for all his active duty service. This
DD Form 214 shows that he completed 30 years and 4 months in his specialty, but it also indicates that he did not enter active duty until 1 February 1967. This document also contains entries that indicate that, he completed
6 years, 8 months, and 9 days of prior active military service and 4 months and
4 days of prior inactive service. However, he claims that, he was never issued a separation document prior to the one he received on 31 May 1990, on the date he was released from active duty (REFRAD) for the purpose of retirement. In support of his application, he provides his United States Army Reserve (USAR) appointment letter and an Active Duty Report (DD Form 220).

4. The applicant’s Officer Record Brief (ORB) and Personnel Qualification Records (DA Forms 2 & 2-1) confirm that he was appointed a second lieutenant (2LT) in the USAR on 27 January 1960 and entered active duty on 22 May 1960. Accordingly, his record correctly records his Pay Entry Basic Date (PEBD) as
27 January 1960 and his Basic Active Service Date (BASD) as 22 May 1960.

5. On 31 May 1990, the applicant was REFRAD for the purpose of retirement. A Data for Retired Pay (DA Form 3713), prepared during his retirement processing confirms that, he completed 30 years and 9 days of active military service and
30 years, 4 months, and 4 days of service for basic pay purposes, as of the date of his REFRAD for retirement.

6. The DD Form 214 issued to the applicant on the date of his REFRAD for retirement indicates that he entered active duty on that particular period of service on 1 February 1967. It also contains entries that indicate that, he completed 23 years, 4 months, and 0 days of active duty service on this period and 6 years, 8 months, and 9 days of prior active military service, which accounts for a total of 30 years and 9 days of active military service. The DD Form 214 also confirms that, he completed 4 months and 4 days of prior inactive service, which accounts for his completing a total of 30 years, 4 months, and 13 days of military service for basic pay purposes.

7. The applicant’s record confirms that his active duty service was continuous from 22 May 1960 through 31 May 1990, and there is no indication of a break in service or of any lost time accrued by him during his active duty tenure. In addition, there is no indication that the applicant was ever issued or received a separation document prior to the one that was issued to him upon his REFRAD for the purpose of retirement on 31 May 1990.


CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be issued a
DD Form 214 that accounts for all his military service and it finds this claim has merit. The evidence of record confirms that he was commissioned a 2LT in the USAR on 27 January 1960. He served in an inactive Reserve status for
3 months and 25 days until 21 May 1960. He entered active duty on 22 May 1960, and continuously served for 30 years and 10 days until 31 May 1990, at which time, he was REFRAD for the purpose of retirement. Therefore, the Board concludes that it would be appropriate to issue him a new DD Form 214, dated 31 May 1990, that accurately reflects all his completed periods of military service.

2. 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 that the individual concerned served in an inactive Reserve status for 3 months and 25 days and continuously served on active duty for 30 years and 10 days; and by providing him a new DD Form 214, dated 31 May 1990, that corrects the following items to read as indicated: Item 12a (Date Entered Active Duty This Period) – “60 05 22”; Item 12b (Separation Date This Period) - “90 05 31”; Item 12c (Net Service This Period) - “30 00 10”; Item 12d (Total Prior Active Service) - “00 00 00”; and Item 21e (Total Prior Inactive Service) - “00 03 25.”

BOARD VOTE:

__WTM__ __CLG__ __RKS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Walter T Morrison___
                  CHAIRPERSON




INDEX

CASE ID AR2002067979
SUFFIX
RECON
DATE BOARDED 2002/04/02
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1983/07/14
DISCHARGE AUTHORITY AR 635-200 C4
DISCHARGE REASON ETS
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 191 110.0200
2.
3.
4.
5.
6.



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