RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         26 October 2005
      DOCKET NUMBER:  AR20050000454


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Baker                |     |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 a DD Form 214 be issued for his
period of service from 24 November 1977 to 3 March 1982.

2.  The applicant states, in effect, that the missing DD Form 214 is
required to cover missing active service time for his upcoming retirement.
The applicant further states that a DD Form 214 was not issued at the time
he was discharged from active enlisted status and ordered to active duty as
a warrant officer on
3 March 1982.

3.  The applicant provides excerpts from his military service records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he initially enlisted on 14
April 1975. He was discharged on 29 November 1977 and immediately
reenlisted on
30 November 1977.  The applicant's DD Form 214 (Report of Separation from
Active Duty) with an effective date of 29 November 1977, shows that he had
completed 2 years, 7 months, and 16 days of active service that was
characterized as honorable.

2.  The applicant continued to serve on active duty and on 3 March 1982, he
was appointed a warrant officer one in the U.S. Army Reserve.  He was
immediately ordered to active duty on 3 March 1982.

3.  The records do not contain a copy of a DD Form 214 for the period of
enlisted active service from 30 November 1977 to 2 March 1982.

4.  The applicant continues to serve on active duty and was promoted to
chief warrant officer five.

5.  Army Regulation 635-5 (Separation Documents), then in effect, governed
the preparation of the DD Form 214.  It stated, in pertinent part, that
effective
1 October 1979, DD Forms 214 would no longer be issued for immediate
reenlistments and that all service would be continuous from the date the
last
DD Form 214 was issued.

6.  Army Regulation 635-5 established the standardized policy for preparing
and distributing the DD Form 214.  This regulation stated that a DD Form
214 will be prepared for all enlisted members who became commissioned or
warrant officer and have their enlisted status terminated.

7.  Army Regulation 635-5, currently in effect, states that a DD Form 214
will not be issued to replace record copies or DD Forms 214 lost by
Soldiers.  This regulation further states that if no DD Form 214 is
available, a statement of service or transcript of military record may be
issued.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be issued a DD Form 214 for his
period of service from 24 November 1977 to 3 March 1982.

2.  The actual period of active service in question is from 30 November
1977
to 2 March 1982.  The applicant would have been discharged on 2 March 1982,
from his active enlisted status to accept his appointment to warrant
officer one on 3 March 1982.  The applicant's DD Form 214 for this period
of service is not available in the records nor was a copy provided by the
applicant.  However, it must be presumed that a DD Form 214 was issued to
cover this period.

3.  Since Army regulations prohibit issuing a replacement DD Form 214, a
statement of service should be issued to cover the period from 30 November
1977 to 2 March 1982, with a signed copy to be retained in the file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___cvm_  ____jev__  ___lmb__  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 the individual concerned be issued a statement of service
for the applicant's active service from 30 November 1977 to 2 March 1982.
The statement of service should show that the applicant was honorably
discharged and that his last grade was staff sergeant.

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
re-issuing a DD Form 214.



                                  _________James E. Vick______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000454                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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