PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AC98-10008
                                              AR1998014375

	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	
	M r. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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.

2.  The applicant requests that his military records be corrected to show he was separated from active duty on 21 June 1975.

3.  The applicant states that he entered the service on 21 June 1972 and was separated on Friday (sic), 21 June 1975 because the payroll office (sic) did not work on Sunday.  He further states that this error was corrected in 1991 but that the correction has been lost by the civil service office.  This error has cost him 1 month seniority in his current job.

4.  The applicant’s military records show that he enlisted in the Army on 22 June 1972 for 3 years, establishing the expiration of his term of service (ETS) as 21 June 1975.  He completed his initial training and was assigned to Fort Bragg, North Carolina for duty as a wheeled vehicle repairman.  He attained the rank of specialist four on 1 March 1974.

5.  On 18 June 1975 the applicant requested a separate document indicating the narrative reason for his separation from the Army.  A copy of that statement is available in his military records which informed him of his separation on 20 June 1975 due to completion of required service.

6.  On 20 June 1975 (a Friday) the applicant was honorably relieved from active duty (REFRAD) and transferred to the USAR to complete his 6 year military service obligation.  He completed 2 years, 11 months and 29 days of creditable active duty.  However, his separation document (DD Form 214) indicates completion of 2 years, 11 months and 28 days.

7.  On 21 June 1978 the applicant completed his military service obligation and was honorably discharged from the USAR.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, that when soldiers’ terms of service expire or they otherwise become eligible for discharge or release from active duty on a Saturday, Sunday, or legal holiday, they may consent to be discharged or released and transferred to the USAR on the last working day before their normal date of discharge or release.  The actual date of release or discharge will be shown on the DD Form 214.

CONCLUSIONS:

1.  The evidence of record shows that the applicant entered the Army for 3 years on 22 June 1972, establishing his ETS date as 21 June 1975, which was a Saturday – not Sunday – as the applicant indicates.

2.  There is no evidence that the applicant consented to be released from active duty on Friday, 20 June 1975, 1 day early, due to his expiration term of service being on Saturday, 21 June 1975.  However, the Board presumes administrative regularity ans is reasonably satisfied that he was not separated early against his will.  Had he not consented to discharge on Friday, he would have been held over until Monday, 2 days after his ETS for separation.

3.  The applicant’s contention that his records were corrected in 1991 is not supported by the evidence of record, nor has he provided any substantiating evidence to support his allegation.

4.  Nonetheless, the applicant’s DD Form 214, item 18, incorrectly shows his net active service, total active service, and total service for pay as being 2 years, 11 months and 28 days.  All of these entries should read 2 years, 11 months and 29  days.

5.  Correcting his records to show he was separated on 21 June 1975 as he requests would give him the one additional month (vise 29 days) he seeks; however, it would also establish his separation on a Saturday and would be inappropriate.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case, particularly the DD Form 214 issued on 20 June 1975, of the individual concerned, be corrected by showing in blocks 18a, 18c, and 18e, 2 years, 11 months and 29 days.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

____X____  ___X___  ___X___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-10008	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT ,EXCESS  DENIED	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.