RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040011428


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |Member               |

      The Board considered the following evidence:

      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 correction of item 1 (Name [Last]), 12d (Total
Prior Active Service), and item 12e (Total Prior Inactive Service) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that his last name was misspelled, that item 12d
and 12e should denote his time in service since his initial enlistment date
of 31 August 2000, and time served as a Simultaneous Membership Program
(SMP) cadet from 16 April 2001 to 9 July 2002.

3.  The applicant provides three copies of his DFAS Forms 702 (Leave and
Earning Statement [LES]), a copy of memorandum dated 6 October 2000, a copy
of a National Guard Bureau (NGB) Form 594-1-R (SMP Agreement/Army National
Guard) with attachments, a copy of his birth certificate, and a copy of his
DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant provides three copies of his LESs that show he was paid
in the pay grade of E-3 while serving on active duty for training (ADT) in
the New Mexico Army National Guard (NMARNG).  He also provides a copy of a
memorandum, dated 6 October 2000, which indicated that he would arrive home
no later than 15 December 2000.

2.  The applicant’s military records show he enlisted in the U.S. Army
Reserve (USAR) for a period of 8 years as a cadet, with prior service.  He
enrolled in the Reserve Officers Training Corps (ROTC)/SMP on 16 April
2001.  He was appointed as a second lieutenant (2LT/O-2) in the NMARNG on
9 July 2002.  He was released from the USAR Control Group (Officer Active
Duty Obligor [OADO]) due to his appointment and was assigned to the
Colorado Army National Guard (COARNG) effective 10 July 2002.

3.  Item 1 of his DD Form 214 shows the entry "_____LAIN" and item 12d and
12e shows the entry "SEE BLOCK #18."  Item 18 (Remarks) of his DD Form 214
indicates that he was separated on temporary records and that a DD Form 215
(Correction to DD Form 214) would be issued to provide the missing
information. It also stated that he was transferred to the COARNG.

4.  The applicant provides a copy of his birth certificate and additional
source documents which shows the correct spelling of his last name as
"_____LIN."

5.  The applicant was ordered to ADT in the NMARNG on 1 August 2004 and was
released from ADT on 24 November 2004.

6.  Army Regulation 635-5 provides instructions for the preparation of the
       DD Form 214.  It states, in pertinent part, that item 1 (Name [Last,
First Middle]) will be completed in all capital letters and compared to the
Enlisted Record Brief (ERB), Officer Record Brief (ORB), and enlistment
contract for possible name change.  It also states that item 12d (Total
Prior Active Service) will be completed to show the amount of prior active
military service, less lost time, if any, and item 12e (Total Prior
Inactive Service) will be completed to show the amount of total prior
inactive service, less lost time, if any.  Item 18 (Remarks) is used for
entries required by Headquarters, Department of the Army, for which a
separate block is not available, and as a continuation for entries in item
11, 12, 13, and 14.

7.  The regulation also states that a DD Form 214 will be prepared for all
personnel at the time of their retirement, discharge, or release from
active duty.  A DD Form 214 will be prepared for members of the Army
National Guard and the Army Reserve who complete 90 days or more of
continuous active duty,
full-time training duty, active duty support, completion of initial active
duty for training (IADT), which results in award of a military occupational
specialty (MOS) or from a special duty training program tour, and United
States Military Academy (USMA) cadets who fail to graduate.  In addition,
if a cadet enters the USMA from an active duty status, a DD Form 214 will
be issued by the USMA on entry into the Academy.

8.  Department of Defense (DOD) Financial Management Regulation, Volume 7A,
Chapter 1, covers basic pay.  Paragraph 010101 pertains to service which is
creditable.  Paragraph D pertains to other creditable service.
Subparagraph 010101d (10) states that for service to be creditable, a cadet
must be enrolled in an Army, Navy, or Air Force ROTC Program and
concurrently drilling in the Selected Reserve with duty performed on or
after 1 August 1979.

9.  Subparagraph 010101d (15) states that prior provisions of law excluded
the
SMP from creditable service for commissioned officers effective 13 October
1964.  Public Law 104-201, section 507, dated 23 September 1996, amended
the provisions of the law to provide service credit for the SMP retroactive
to         1 August 1979.  The revisions resulted in no increase in pay,
retired or retainer pay before the date of enactment, 23 September 1996.
Service in the program for enlisted members who retain that status remains
creditable under all provisions.




DISCUSSION AND CONCLUSIONS:

1.  The birth certificate and source documents provided by the applicant
clearly show his last name as "_____LIN" instead of "_____LAIN."  It is
logical to presume that the last name on the DD Form 214 was the result of
an administrative error.  Therefore, he is entitled to correction of item 1
(Name [LAST]) of his DD Form 214 to show the entry "____LIN."

2.  The evidence, the SMP Agreement, and orders releasing him from the USAR
Control Group (OADO), show that the applicant was enrolled in the SMP from
16 April 2001 to 9 July 2002.

3.  According to applicable regulation, the applicant's service in the
ROTC/SMP is creditable for all purposes.  The applicant is therefore
entitled to correction of item 12e (Total Prior Inactive Service), of his
DD Form 214, to show 1 year, 2 months, and 23 days.  He is also entitled to
have an entry made in item 18 (Remarks) to show the entry, "ROTC/SMP 010416-
020709" (16 April 2001 to 9 July 2002).

4.  A review of the applicant's records failed to show that he completed
any additional prior active duty service.  Therefore, the applicant's DD
Form 214, in item 12d will be corrected to show that he had no prior active
duty service.

BOARD VOTE:

___sk ___  ___bje___  ___rtd __  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
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.  by showing in item 1 (Name [LAST]) the entry "_______LIN"; and


      b.  by showing in item 12d (Total Prior Active Service) the entry,
"0000 00 00;"
      c.  by showing in item 12e (Total Prior Inactive Service) the entry
"0001 02 23"; and
      d.  by showing in item 18 (Remarks) the entry "ROTC/SMP 010416-020709"
of his DD Form 214."




                                  __________Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011428                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20041124                                |
|DISCHARGE AUTHORITY     |AR 635-100                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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