MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             17 August 2000                  
	DOCKET NUMBER:     AR2000034974

	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. Carl W. S. Chun		                        Director	
	Mr. Edmund P. Mercanti		                        Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 he be credited with completing 365 days of active duty during his last year of service in the Regular Army in 1967.

APPLICANT STATES:  His enlistment contract was for 3 years.  He contends that the terms of that contract were breached because he was discharged 1 day early.  He points out that the expiration of his term of service (ETS) fell on a Saturday, which he believes led to his being released from active duty early.  He continues that being the steadfast soldier he was and is, he would have remained on active duty for one more day, but he was not given that option.

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

He enlisted in the Regular Army on 28 May 1964, was awarded the military occupational specialty of artillery surveyor, and was promoted to pay grade E-4.  On 26 May 1967 he was honorably released from active duty and transferred to the USAR Control Group.  He had completed 2 years, 11 months and 29 days of active duty.

He performed no other military service during the remainder of his 6-year statutory military service obligation and was honorably discharged at his ETS on 27 May 1970.  He then had a break in service until his reenlistment on 10 November 1982.  He has earned sufficient retirement points to qualify every year of service from the date of his reenlistment.  At the time he submitted his application he was serving as an Individual Mobilization Augmentee in the rank of sergeant first class.  He attained age 55 on 17 August of this year.

Army Regulation 635-200, Enlisted Personnel, dated 15 July 1966, paragraph 
2-2d, states that soldiers whose ETS falls on a Saturday, Sunday or legal holiday may consent to be released from active duty on the last working day before their normal ETS.

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

1.  While the applicant may not remember being asked for, or giving, his consent to be released from active duty one day prior to his ETS because it fell on a Saturday, he has not submitted any evidence which would lead the Board to believe his consent was not sought and freely given.

2.  To the contrary, all indications are that he would have consented to being released from active duty early.  A person who did not actively participate in any form of military service for almost 15 ½ years obviously wasn’t concerned with the ramifications (at that time) of not having a year of active duty qualify for retired pay. 
3.  The Board notes that the applicant just turned age 55.  He has 4 years to earn the one qualifying year of service he requires to be entitled to retired pay at age 60.

4.  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:

_svw ___  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__lds____  ________  _mhm___  DENY APPLICATION

		   Carl W. S. Chun
		   Director, Army Board for Correction
		   of Military Records

INDEX

CASE ID	AR2000034974	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
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.