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Decision Text

ARMY | BCMR | CY2002 | 2002072196C070403
Original file (2002072196C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 August 2002
         DOCKET NUMBER: AR2002072196


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Ted S. Kanamine Member
Ms. Lana E. McGlynn 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 Certification of Military Service be corrected to show his active service dates as 4 June 1966 through 31 July 1989.

3. The applicant states that he was commissioned on 2 February 1962 but continued his student deferment until 4 June 1966, at which time he entered active duty. His Certification of Military Service is an important source for determining his social security pension and the error would fraudulently increase his earnings base for social security entitlement by $5100.

4. The applicant’s military records show that he was appointed a Reserve commissioned officer on 2 February 1962. Letter Orders A-05-580, Headquarters, 5th U. S. Army dated 3 May 1986 ordered him to active duty with an effective date of change of strength accountability (EDCSA) of 3 June 1966. His Officer Record Brief showed he entered active duty on 4 June 1966. His Officer Qualification Record, DA Form 66, item 18 showed he entered active duty on 4 June 1966. He was released from duty effective 31 July 1989 and placed on the retired list effective 1 August 1989.

5. On 21 April 1999, the applicant requested a copy of his Certificate of Discharge or Release from Active Duty, DD Form 214, as he had lost his copy. His DD Form 214 was not available in his records and a Certification of Military Service, NA Form 13038, was issued instead. (The Certification of Military Service is issued in the absence of a copy of the actual DD Form 214 or its equivalent. It serves as verification of military service and may be used for any official purpose). The Certification of Military Service shows he was a member of the U. S. Army from 2 February 1962 to 1 August 1989.

CONCLUSIONS:

1. Since the Certification of Military Service is issued in the absence of a DD Form 214, which documents a member’s active duty service, it also should reflect the member’s active duty dates. In this case, although the evidence of record confirms that the applicant was commissioned on 2 February 1962, he entered active duty on 4 June 1966.

2. There is a slight difference between the DD Form 214 and the Certification of Military Service in the practice of recording the “ending” date of active service. The DD Form 214 requires the use of inclusive dates, i.e., the applicant entered active duty on 4 June 1966 and served through 31 July 1989. The Certification of Military Service, on the other hand, requires the “to” date; therefore, the “to” date of 1 August 1989 (the day after the applicant’s last day of active duty) is correct.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

1. That the Certification of Military Service pertaining to the applicant be corrected to show he was a member of the U. S. Army from 4 June 1966 to 1 August 1989.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__FNE__ __ TSK _ __LEM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn _
                  CHAIRPERSON




INDEX

CASE ID AR2002072196
SUFFIX
RECON
DATE BOARDED 2002/08/13
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 110.01
2.
3.
4.
5.
6.



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