RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 February 2005
      DOCKET NUMBER:  AR20040000066


      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. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests through counsel, in effect, reconsideration of
his earlier request that his separation document (DD Form 214) be corrected
to show the correct date he entered active duty.

2.  The applicant’s new argument and evidence are provided by counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, reconsideration of the applicant’s request
that that his DD Form 214 be corrected to show the correct date he entered
active duty.

2.  Counsel states, in effect, that the entry contained in Item 19 (Current
Active Service Other Than By Induction) indicates a first enlistment and
the date of entry indicates 27 February 1954; however, an entry in Item 32
(Remarks) indicates that applicant entered active duty in the rank of
private on 19 February 1952.  Counsel further indicates the applicant is
providing medical treatment records that confirm he received medical and
dental treatment as a member of the Army on several separate occasions
between June and October 1952.  Counsel also indicates the applicant is
providing evidence to show he was wounded in action on 1 July 1953.

3.  Counsel provides a supporting statement and the two exhibits identified
in support of the reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003085496 on 21 August 2003.

2.  The applicant’s record confirms he was inducted into the Army and
initially entered active duty on 19 February 1952.  It further shows that
he was honorably discharged for the purpose of enlistment in the Regular
Army (RA) on
26 February 1954 and that on 27 February 1954, he enlisted in the Regular
Army for 3 years.

3.  On 29 November 1956, the applicant was honorably separated in the rank
of sergeant (SGT).  The DD Form 214 he was issued was the 1 November 1955
version of the form.
4.  In its original decision the Board concluded that based on the version
of the separation documents regulation (Special Regulation 615-360-1) that
was in effect at the time the applicant’s enlistment in the RA in 1954,
there did not appear to be any error related to the final DD Form 214
issued to the applicant upon his final separation on 29 November 1956.

5.  Army Regulation 635-5 Personnel Separations), dated 12 June 1956, was
      the
regulation governing the preparation of the DD Form 214 on the date of the
applicant’s final separation from active duty.  This regulation stated, in
      pertinent
part, that the date entered in Item 19c for members who had been previously


discharged without receiving a DD Form 214 would be the earliest date not
previously covered by a DD Form 214.  It also stipulated that the total
service completed between the date in Items 16 or 19c and Item 11d
(Effective Date) would be entered in Item 24a (1) (Net Service This
Period).  The regulation further indicated, in pertinent part, that Item 42
(Remarks) would contain an entry for all separations and immediate
reenlistments accomplished between the dates shown in Item 19c and 11d of
the DD Form 214 being prepared.  The following example was provided for
this Item 42 entry:  “Ordered to Active Duty (OAD)
17 March 1952-Honorably Discharged 15 March 1953 Convenience of the
Government (COG) to enlist in the RA-Enlisted in the RA 16 March 1953 for
3 years.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was inducted into the
Army and entered active duty on 19 February 1952.  It also shows that he
was honorably discharged for the purpose of immediate reenlistment on 26
February 1954 and enlisted in the RA for 3 years on 27 February 1954.  The
record further confirms he was not issued a DD Form 214 in connection with
his 26 February 1954 discharge.

2.  Although the Board accurately reflected the regulatory guidance in
effect at the time of the applicant’s reenlistment in its original
decisional document, the guidance in the regulation in effect at the time
of his final separation on
29 November 1956 provided different guidance and should be applied in this
case.  This regulation stipulated that the entry in Item 19c would be the
earliest date for which a DD Form 214 was not issued.  It also provided for
the entry in Item 24a (1) to account for all service completed between the
dates entered in Item 19c and Item 11d.  Finally, the regulation indicated
there would be an entry in Item 42 that accounted for all separations and
immediate reenlistments accomplished between the dates shown in Item 19c
and 11d (Effective Date) of the DD Form 214 being prepared.
3.  Based on the regulatory guidance in effect at the time of the
applicant’s final separation from active duty, his final separation
document should have reflected the earliest date for which a DD Form 214
had not been previously issued in Item 19c, his service should have been
accounted for accordingly in Item 24 (Statement of Service) and Item 42
should have contained an entry documenting his immediate reenlistment.

BOARD VOTE:

___JTM__  ___WTM_  __WDP    GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR2003085496,
21 August 2003.  As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by amending his
29 November 1956 DD Form 214 as follows:

      a.  Item 19c - Delete the current entry and replace it with the entry
“19 February 1952”;


      b.  Item 24a (1) - Delete the current entry and replace it with the
entry “4 years, 9 months, 11 days”;


      c.  Item 24a (2) - Delete the current entry and replace it with the
entry “1 year, 11 months, 28 days”; and


      d.  Item 42 -Delete the entry “Item 3a, PVT E-2 (P) 19 Feb 52” and
replace it with the entry “OAD 19 February 1952, Honorably Discharged 26
February 1954 COG to enlist in the RA, Enlisted in the RA 27 February 1954
for 3 years.”




            ____Walter T. Morrison ___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040000066                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1956/11/29                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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