MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 March 1999
	DOCKET NUMBER:   AR1998012015

	I certify that hereinafter is recorded the record of consideration 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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Lester Echols		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That in effect his creditable active duty service be changed from 1 year 7 months 7 days to 2 years.

APPLICANT STATES:  That he was awarded the Outstanding Infantryman award from his Infantry Advanced Individual Training (AIT) battalion at Fort Jackson in 1969.  (He sends a copy of a 25 January 1969 letter from the 
1st Basic Combat Training (BCT) Brigade at Fort Jackson naming him as Outstanding Soldier of the BCT brigade.)  As a benefit of this award, he states that he was offered a choice of additional training in Airborne, Ranger or Green Beret, or the option to be assigned to Vietnam.  He asked his commander if he went overseas, could he get out early and be credited for two years of service and he reports that his command said, "Yes".  The applicant requested to go to war.  He was sent to a combat zone in the Demilitarized Zone in Korea where he was stationed for 13 months.  After his tour, he was released for active duty early so he could go to school.  His orders releasing him from active duty gave him credit for 2 years of service but his DD Form 214, Report of Transfer or Discharge, only shows 1 year 7 months 7 days.

EVIDENCE OF RECORD:  The applicant's military records show:

That he was inducted into the Regular Army on 12 December 1968 for a 2 year active duty commitment.  On 8 January 1969, he entered BCT at Fort Jackson.  On 25 January 1969, the commander of the 1st BCT Brigade issued a letter naming the applicant as the Outstanding Soldier of the BCT Brigade.  He completed BCT on 27 February 1969 and entered AIT on 28 February 1969.  He completed AIT on 9 May 1969.  After AIT, he was assigned overseas to an Infantry Division in Korea on 19 June 1969.  He was promoted to E-4 on 5 December 1969.  He completed his overseas tour on 17 July 1980 and was returned to the United States.  He was honorably released from active duty on 
18 July 1970 by reason of being an overseas returnee with less than 150 days before completion of his active duty commitment in accordance with Army Regulation 635-200, paragraph 5-14.  He was transferred to the USAR Control Group (Annual Training) to complete his service obligation.  He was honorably discharged from the Army Reserves on 1 December 1974.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence in the record of any commitment to grant the applicant credit for 2 years active duty credit with early release from active duty at 1 year 
7 months 7 days.

2.  The letter provided by the applicant of which there is a copy in his military record names him as Outstanding Solider of his BCT Brigade.  There is no mention in this letter of granting the applicant 2 years active duty credit with early release from active duty.

3.  There is no indication in the record of the applicant having been named as Outstanding Infantryman for his Advanced Infantry training.

4.  His orders for release from active duty and transfer to the Army Reserves contain an Administrative Account Data lead line, "No yrs svc pay gr E4:" with a response entry of "2 yrs".  This entry does not grant 2 years credit for active duty but grants 2 years service for pay purposes only.

5.  There is no provision of regulation or law that grants 2 years active duty credit in lieu of the actual active duty served for soldiers released from active duty and transferred to the Army Reserves or discharge early to attend school or under provisions for early release of overseas returnees.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_MKP   __  _EJA____  _LE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012015	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990325	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19741201	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.