RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 October 2004
      DOCKET NUMBER:   AR2004100059


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla J.N. Troup              |     |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, in effect, that her 4 September 1996 separation
document (DD Form 214) be voided and that her final DD Form 214 reflect
continuous active duty service as if her 1996 discharge had never happened
and that provides her credit for her active duty service from 19 January
through
18 May 1995; and that she be paid for a permanent change of station as
originally directed by the Board.

2.  The applicant states, in effect, that corrections to her record
directed by the Army Board for Correction of Military Records (ABCMR) on 17
September 1997 in Docket Number AC97-09353 were never accomplished.

3.  The applicant provides a copy of ABCMR Docket Number AC97-09353 and a
Correction of Military Records Memorandum from the United States Army
Enlisted Records and Evaluation Center (EREC) in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in a previous consideration of the applicant's case by the ABCMR
in Docket Number AC97-09353 on 17 September 1997.

2.  In its 17 September 1997 decision, the ABCMR recommended relief that
included voiding the applicant’s 16 April 1997 (actually 7 April 1997)
enlistment and 4 September 1996 discharge and showing that she continued to
serve on active duty under the terms of her 22 November 1995 enlistment
contract.  The Board also recommended that her records be corrected to show
that all travel she performed in compliance with orders for discharge from
the Army on
6 September 1996, and incident thereto, was performed as an authorized
permanent change of station or temporary duty with entitlement to all
monetary allowances for herself and her dependents, as appropriate.

3.  The applicant’s record shows she enlisted in the United States Army
Reserve (USAR) for 8 years on 7 November 1994.  On 1 January 1995, she
entered active duty for the purpose of completing initial active duty for
training (IADT).
4.  On 18 May 1995, the applicant was honorably released from active duty
upon completion of her IADT.  The DD Form 214 she was issued at the time
confirms she completed 4 months of active duty service during the period of
active duty service covered by the separation document and that she had
completed
2 months and 12 days of prior inactive service.

5.  On 22 November 1995, the applicant enlisted in the Regular Army and
entered active duty for 3 years.

6.  On 4 September 1996, the applicant was discharged from the Regular Army
under the provisions of chapter 7, Army Regulation 635-200, by reason of
fraudulent entry.  The DD Form 214 she was issued at the time confirms she
had completed 9 months and 13 days of active duty service during the period
of her enlistment and 4 months of prior active duty service.

7.  On 7 April 1997, the applicant reenlisted in the Regular Army and
reentered active duty.

8.  On 17 September 1997, the ABCMR rendered the decision referred to above
and directed, in effect, that appropriate administrative actions be taken
to show she continuously served from 22 November 1995.

9.  On 16 October 1997, EREC published a memorandum outlining the
corrections recommended by the ABCMR.  This document indicated that the
applicant’s Official Military Personnel File (OMPF) had been amended
accordingly, her Personnel Services Battalion had been notified in order to
make necessary corrections to the Military Personnel Records Jacket (MPRJ)
and that the Defense Finance and Accounting Service (DFAS) had been
notified of the corrections and would contact the applicant if an
adjustment to her pay and allowances was due.

10.  On 28 September 1998, the applicant was honorably discharged under the
provisions of Army Regulation 635-40, by reason of disability with
severance pay. The DD Form 214 she was issued for this period of active
duty service shows she completed 1 year, 5 months and 22 days of this
enlistment.

11.  There is no indication that the applicant’s 4 September 1996 discharge
and her April 1997 enlistment were voided as recommended by the ABCMR.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that her final DD Form 214 be corrected to
accurately reflect the original 1997 decision of the ABCMR was carefully
considered and found to have merit.

2.  The evidence of record does not indicate that the appropriate
administrative action was completed in order to comply with the 1997
recommendation of the Board.  As a result, it would be appropriate to void
the applicant’s 4 September 1996 discharge and 7 April 1997 enlistment and
to revoke her 28 September 1998 DD Forms 214 and replace it with one
covering the entire period between 22 November 1995 and 28 September 1998.


3.  The corrected DD Form 214 should reflect the applicant completed 2
years, 10 months and 3 days of net active service during the period
documented by the DD Form 214, that she completed a total of 4 months of
prior active service and a total of 8 months and 15 days of prior inactive
service.

4.  The period of active duty service performed by the applicant while a
member of the USAR between 19 January and 18 May 1995 was accurately
documented in the DD Form 214 issued to her at the time.  Therefore, there
is no error or injustice related to this separation document and no basis
for including it in the DD Form 214 consolidation outlined above.

5.  The applicant failed to provide any evidence related to her settlement
with the DFAS based on the Board’s original recommendation.  Therefore,
there is an insufficient evidentiary basis to make a further monetary
reimbursement recommendation at this late date.  If the applicant has
evidence of a denial of payment by DFAS or other relevant evidence that
confirms she was not properly reimbursed based on the original Board
recommendation, she may reapply to the Board by submitting this evidence.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RJW___  _LF_____  MJNT___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected:

      a.  by voiding her 4 September 1996 discharge and 7 April 1997
enlistment;


      b.  by showing she continuously served on active duty from 22 November
1995 through 28 September 1998 and replacing her 28 September 1998
DD Form 214 with a new separation document that reflects she continuously
served on active duty during this period and that she completed
2 years, 10 months and 3 days of net active service during the period, a
total of
4 months of prior active service and a total of 8 months and 15 days of
prior inactive service; and by providing her a new DD Form 214 that
reflects these changes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
modification of the applicant’s 18 May 1995 DD Form 214 and to any monetary
settlement based on the original recommendation of the Board.




            _RAYMOND J. FOSTER__
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004100059                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1198/09/28                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability                              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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