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ARMY | BCMR | CY2004 | 2004102345C070208
Original file (2004102345C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 OCTOBER 28, 2004
      DOCKET NUMBER:         AR2004102345


      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. Luis Almodova                 |     |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 Blocks 12.d. and 12.e. of his
DD Form 214, Certificate of Release or Discharge from Active Duty, be
corrected.

2.  The applicant states, in effect, that the data for these blocks was not
available at the time of his separation.  The applicant asks that the DD
Form 214, with an effective date 11 June 1987 be checked for the prior
active and inactive service.

3.  The applicant provides a copy of two DD Forms 214 [with effective dates
of:  11 June 1987 and 11 June 2003] to support his application to this
Board.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently in the Reserve and assigned to the 461st
Engineer, Company, Fargo, North Dakota.

2.  The applicant was found to be physically qualified to receive a
commission in the Marine Corps Reserve on 23 August 1984.

3.  The applicant enlisted in the United States Marine Corps Reserve (USMC
Reserve) on 17 January 1985 for 8 years in the rank and pay grade, Private,
E-1.

4.  The applicant's enlistment in the USMC Reserve was a conditional
enlistment for subsequent enrollment in the Platoon Leaders Class (Ground)
Program.

5.  Under the terms of his enlistment, if enrollment in the Program was not
approved by the Director, 9th Marine Corps District or the Commandant of
the Marine Corps, the enlistment contract would be voided and of no effect.

6.  On 7 March 1985, the applicant was notified in a letter from the
Commandant of the Marine Corps of his selection to attend the Platoon
Leaders Class.  In the letter, he was instructed to report to the
Commanding Officer, OCS, MCDEC [Officer Candidate School, Marine Corps
Development and Education Command], Quantico, Virginia, for the purposes of
undergoing a physical examination to determine his fitness for assignment
to active duty for training.  The letter also stated that if he was found
not physically qualified for assignment to active duty for training, he was
to return to his home and upon arrival, stand released from active duty.
If he was found physically qualified, he was to be assigned to active duty
for training.

7.  A NAVMC Form 110(3), Chronological Record, shows that the applicant
reported to OCS MCDEC, Quantico, Virginia, on 3 June 1985, and was assigned
to DUINS (duty under instruction) I-3 Company, to attend the Platoon
Leaders Course, in an active duty for training status.

8.  On 7 June 1985, the applicant signed a NAVMC 118 (11), (Administrative
Remarks (1070) that stated that he understood that during the period of
deferment following his enlistment in the Marine Corps Reserve, i.e.,
commencing on the date of his enlistment and ending on the date on which he
reported to active duty or active duty for training, he was not entitled to
pay, allowances, leave, medical care at government expense, or if he died,
burial benefits.  He also understood that during such period of deferment,
he did not accrue or become entitled to educational benefits administered
by the Veteran's Administration and that he was not covered by government
insurance (Servicemen's Group Life Insurance).

9.  At 1300 hours, on 21 June 1985, while he was undergoing officer
candidate training, the applicant accidentally fell from a rope, hit his
shin on a rock, and sustained a laceration.

10.  The applicant was dropped from training and was assigned the code, NPQ
(not physically qualified).  He was reassigned to the R&S (Retention and
Separation) Platoon awaiting further action.  The applicant was discharged
from training and from the Marine Corps on 3 July 1985.

11.  On 29 October 1985, the applicant was notified by the Commandant of
the Marine Corps that he was discharged, in the rank of Private, from the
U.S. Marine Corps Reserve, with an effective date of 3 July 1985 and that
he was under no contractual obligation to the Marine Corps.  The applicant
was told that a discharge certificate would be forwarded to him at a later
date.  An entry found on NAVMC 118 (11) Form, Administrative Remarks
(1070), shows that an Honorable Discharge Certificate, DD Form 256A, was
mailed to the applicant on 3 July 1985.

12.  On 18 September 1986, the applicant enlisted in the U.S. Army Reserve
for 8 years in the pay grade E-3.  On his enlistment, the applicant did not
disclose his service in the USMC Reserve.  On 3 March 1987, he was ordered
to initial active duty for training (IADT).  He was honorably released from
IADT and was transferred to Company D, 367th Engineer Battalion, Fargo,
North Dakota, to complete his military service obligation.

13.  On his release from IADT, Item 12.c. (Total Prior Active Service), of
the applicant's DD Form 214, with an effective date of 11 June 1987, showed
he had 00 years, 00 months, and 00 days prior active service.  Item 12.e.
(Total Prior Inactive Service), of the applicant's DD Form 214, showed he
had 00 years, 05 months, and 15 days prior inactive service.  The
applicant's creditable Marine Corps service is not shown on his DD Form
214.

14.  The applicant remained in the Army Reserve.  On 10 February 2003, he
was ordered to active duty in support of Operation Enduring Freedom.  On
11 June 2003, the applicant was honorably released from active duty at the
completion of required service and was transferred to the 461st Engineer
Company, Fargo, North Dakota.

15.  On his release from active duty, "See Block #18" was entered in Item
12.d. (Total Prior Active Service), of the applicant's DD Form 214.  "See
Block #18" was also entered in Item 12.e. (Total Prior Inactive Service),
of the applicant's DD Form 214.  Item 18 (Remarks) has an entry, "DD Form
215 will be issued to provide missing information//Individual completed
period for which ordered to active duty for purposes of post service
benefits and entitlements.//"

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Marine Corps Reserve on 17 January 1985.
The applicant acknowledged that service from this date through 1 June 1985
was not creditable for service or for pay purposes.

2.  The applicant served in the Marine Corps Reserve, on active duty for
training, for a period of 1 month and 2 days, before he was discharged on 3
July 1985.  This service is creditable for pay and other purposes.

3.  The applicant enlisted in the Army Reserve on 18 September 1986.  He
served on IADT for the period 3 March 1987 through 11 June 1987.  Item
12.c. of the DD Form 214 he was provided on his release from IADT shows 00
years, 03 months, and 09 days active service, this period.  Item 12.d.
shows 00 years, 00 months, and 00 days.  Item 12.d. is incorrect because it
does not include the service he spent on active duty for training in the
USMC Reserve.  On completion of his IADT, he was returned to his Reserve
unit.

4.  The applicant served in the Reserve, not on active duty from 18
September 1986 through 2 March 1987, before he entered IADT.  This service
(5 months and 15 days) was entered in Item 12.e. of the applicant's DD Form
214.

5.  The applicant served in the Reserve, not on active duty, from 12 June
1987 through 9 February 2003 (15 years, 7 months and 28 days).  On 10
February 2003, he was ordered to active duty to support Operation Enduring
Freedom.  On 11 June 2003, he was released from active duty and was
returned to his unit.  Four months and 2 days was entered in Item 12.c. of
his DD Form 214, with an effective date 11 June 2003.

6.  On his release from active duty, on 11 June 2003, "See Block #18" was
entered in Item 12.d. (Total Prior Active Service), of the applicant's DD
Form 214.  "See Block #18" was also entered in Item 12.e. (Total Prior
Inactive Service), of the applicant's DD Form 214.  Item 18 (Remarks) has
an entry, "DD Form 215 will be issued to provide missing
information//Individual completed period for which ordered to active duty
for purposes of post service benefits and entitlements.//"

7.  Item 12.d. of the applicant's DD Form 214, with an effective date of 11
June 2003, should be corrected to read 0000 years, 04 months, and 11 days.
Item 12.e. should be corrected to read, 16 years, 01 month, and 13 days.

8.  The applicant's Pay Entry Basic Date, in his personnel and finance
records, should be reviewed.  If he has not been given credit for the time
spent on active duty for training as a member of the US Marine Corps
Reserve, this date should be adjusted to give him this credit.

BOARD VOTE:

rjw _____  lf  ______  mt______  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 by:

      a.  amending Item 12.d., of the applicant's DD Form 214, with an
effective date of 11 June 1987, to show a total of 01 month and 02 days
prior active service.

      b.  amending Item 12.d., of the applicant's DD Form 214, with an
effective date of 11 June 2003, to show a total of 04 months and 11 days
prior active service and, amending Item 12.e. to show a total of 16 years,
01 month, and 13 days prior inactive service.

      c.  reviewing the Pay Entry Basic Date recorded in the applicant's
military personnel and finance records and if he has not been given credit
for the time spent on active duty for training as a member of the US Marine
Corps Reserve, adjusting this date accordingly and providing the applicant
any compensation that he has been denied due to this incorrect date, as
applicable.




            ____Raymond J. Wagner___
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102345                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041028                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.  190                 |110.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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