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Decision Text

ARMY | BCMR | CY2003 | 2003086932C070212
Original file (2003086932C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2003086932


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Mr. James E. Anderholm Member
Ms. Linda M. Barker 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 he be issued a DD Form 214 (Certificate of Release or Transfer from Active Duty) for his period of initial active duty for training (IADT).

3. The applicant states that he was separated from active duty without having been provided a DD Form 214. In support of his application, he submits three letters, dated 11 March 2003, 18 September 2002 and 9 August 2002, from a staff assistant to a Member of Congress; and copies of his service personnel records.

4. The applicant enlisted in the U.S. Army Reserve (USAR) on 19 April 1976 for a period of 3 years. He was ordered to IADT on 15 October 1976 for completion of basic combat training and military occupational specialty training. Records show that, prior to completion of training, the applicant was released from IADT effective 4 February 1977 after serving 112 days of active duty. The applicant was honorably discharged from the USAR Ready Reserve on 24 May 1977 for other good and sufficient reasons.

5. The available records do not contain a DD Form 214 covering the applicant's period of IADT. However, his records do contain a Certification of Military Service for the period 10 October 1976 to 4 February 1977, which was prepared on 19 August 2002.

6. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service. The regulation in effect at the time provides that a DD Form 214 will be prepared for each member of the Reserve components released after completion of more than 89 days of active duty training or full-time training duty.

CONCLUSIONS:

1. The applicant met the criteria for issuance of a DD Form 214. Therefore, it would be appropriate to correct his military records at this time by preparing a DD Form 214 for the period the applicant was on active duty performing IADT from 15 October 1976 through 3 February 1977.

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 issuing the applicant a DD Form 214 for the period he was on active duty performing IADT, 15 October 1976 through 3 February 1977.

BOARD VOTE:

RVO____ JEA____ LMB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor___
                  CHAIRPERSON




INDEX

CASE ID AR2003086932
SUFFIX
RECON
DATE BOARDED 20030814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.0400
2.
3.
4.
5.
6.


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