Exhibit AA pplication for correction of military records Exhibit BM ilitary

							                                    PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                16 June 1999
      DOCKET NUMBER:           AR1998013539


      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. Loren G. Harrell                                Director
       Mr. Paul A. Petty                                   Analyst


  The following members, a quorum, were present:

       Mr. James M. Alward                                 Chairperson
       Mr. Melvin H. Meyer                                 Member
       Mr. Allen L. Raub                                   Member

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military
               records
      Exhibit B - Military Personnel Records (including
                   advisory opinion, if any)

FINDINGS:

1. The applicant has exhausted or the Board has waived the requirement for
exhaustion of all administrative remedies afforded by existing law or regulations.
ABCMR Proceedings (cont)
AR1998013539


2. The applicant requests that his discharge from the Pennsylvania Army National
Guard (PAARNG) be changed from 18 November 1976 to 22 December 1976.

3. The applicant states that he enlisted in the US Army Reserves Delayed Entry
Program on 23 December 1976 as supported by his enlistment contract and the Armed
Forces Examination and Entrance Station (AFEES) Orders 253-3, dated 23 December
1976. However, the AFEES had previously issued erroneous orders 228-7, dated 19
November 1976, and based on that order the PAARNG incorretly discharged him from
the ARNG on 18 November 1976 instead of the correct date of 22 December 1976 thus
creating a gap in his service. He attaches copies of the referenced orders to his DD
Form 149 except for the
18 November 1976 discharge order in question.

4. The applicant’s military records show that he enlisted in the PAARNG on
15 October 1975 and was incorrectly discharged on 18 November 1976. He enlisted in
US Army Reserves Delayed Entry Program on 23 December 1976 and subsequently
enlisted in the Regular Army on 11 January 1977. There is also an erroneous order for
enlistment in the US Army Reserves Delayed Entry Program on 19 November 1976
which does not appear to have been rescinded . He was honorably released from
active duty on 7 January 1981 and transferred to the USAR Control Group, St. Louis.
On 10 September 1981, he enlisted in the PAARNG and has served there continuously
(with a two year break from
10 September 1982 to 20 March 1984) to the current date.

CONCLUSIONS:

1. The erroneous AFEES(Wilkes-Barre, Pennsylvania) Order 228-7. dated
19 November 1976, showing the applicant's enlistment in the USAR on that date should
be rescinded. The correct enlistment order is AFEES Order 253-3, dated
23 December 1976, showing the applicant's enlistment in the USAR on
23 December 1976.

2. The NGB Form 22, Report of Separation and Record of Service, for the period 15
October 1975 to 18 November 1976 should be amended to show the period of service
as 15 October 1975 to 22 December 1976.

3. The applicant should be issued a NGB Form 55, Honorable Discharge, with
effective date of 22 December 1976 for this period.




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ABCMR Proceedings (cont)
AR1998013539


4. The PAARNG Orders 38-3 dated 23 February 1977 should be amended to change
the applicant's effective discharge date from 18 November 1976 to
22 December 1976.

5. The applicant's NGB Form 23B, Retirement Point History Statement, should be
corrected by consolidating the two entries for retirement years 76/10/15 to 76/11/18 and
76/11/19 to 76/12/22 to show one retirement period, 76/10/15 to 76/12/22 with
consolidated points.

6. In view of the foregoing, the applicant’s records should be corrected as
recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the
individual concerned by:

      a. rescinding the erroneous AFEES(Wilkes-Barre, Pennsylvania) Order 228-7,
dated 19 November 1976, showing the applicant's enlistment in the USAR on that date;

       b. amending the NGB Form 22, Report of Separation and Record of Service, for
the period 15 October 1975 to 18 November 1976 to show the period of service as 15
October 1975 to 22 December 1976;

      c. issuing a NGB Form 55, Honorable Discharge, with effective date of
22 December 1976 for the period of service 15 October 1975 to 22 December 1976;

        d. amending the PAARNG Orders 38-3, dated 23 February 1977, to change the
effective discharge date from 18 November 1976 to 22 December 1976; and




      d. correcting the applicant's NGB Form 23B, Retirement Point History
Statement, by consolidating the two entries for retirement point periods 76/10/15 to
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ABCMR Proceedings (cont)
AR1998013539


76/11/18 and 76/11/19 to 76/12/22 to show one retirement point period, 76/10/15 to
76/12/22 with consolidated points.

BOARD VOTE:

_jlp_____ _tap_____ _ewl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                  _Jennifer L. Prater_____________________
                                          CHAIRPERSON




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ABCMR Proceedings (cont)
AR1998013539



                                   INDEX

CASE ID                    AR1998013539
SUFFIX
RECON
DATE BOARDED               19990616YYYYMMDD
TYPE OF DISCHARGE          (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE          YYYYMMDD
DISCHARGE AUTHORITY        AR . . . . .
DISCHARGE REASON
BOARD DECISION             GRANT
REVIEW AUTHORITY
ISSUES        1.
           2.
           3.
           4.
           5.
           6.




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