PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             19 September 2000 
	DOCKET NUMBER:     AR2000040190

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan k. Smith		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 DD Form 214 (Separation Document) with the effective date of 7 October 1966 be corrected to show that he had 2 years, 0 months, 0 days total active service.

3.  The applicant states that during his out processing he was not asked whether or not he wanted to be discharged prior to the completion of two years of service. That oversight now prevents him from completing 20 years total service for retirement.  He was paid for 48 days of accrued leave and offers to return the money so that those days may be added to his creditable service.

4.  The applicant’s military records show his date of birth as 9 April 1943, and that he was inducted into the Army on 15 October 1964 for a 2-year period.  He returned from overseas and proceeded directly to a separation point for out processing.  He was separated honorably on 7 October 1966 and received a lump sum payment for 48 days of accrued leave.  Item 24 of his DD 214 shows 1 year, 11 months, 23 days total active service.

5.  NGB Form 23 (Display of Summary Data) dated 22 February 2000, shows that the applicant achieved the rank of SSG and has 19 years, 11 months, 23 days of creditable service.

CONCLUSIONS:

1.  Calculation of the applicant’s total service by the NGB shows that he completed 19 years, 11 months and 23 days of qualifying service for retirement.  Therefore, he is not eligible to receive retired pay upon reaching age 60 on 9 April 2003.

2.  The Board finds the applicant’s contention that as an overseas returnee for separation his input was not sought regarding his separation as creditable.  Separation points by tradition attempt to out process soldiers as quickly as possible.  It appears that the applicant may not have been properly advised at the time of his discharge of the ramifications of not serving an additional 7 days for completion of his enlistment obligation of two years. 

3.  The Board believes, as a matter of equity, and in view of his service in the Army and the Puerto Rico National Guard over an extended period, that it would be in the interest of justice to correct his records to show that he completed the necessary qualifying years of service by adding 7 days to his creditable service.

4.  The Board finds it would be inappropriate to grant the applicant’s request to give back the money he received for the 48 days accrued leave days.

5.  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 by issuing to him a correction to his DD Form 214, effective 7 October 1966, to show that he served 2 years, 0 months, 0 days of total active service.

BOARD VOTE:  

___hof __  ___jpi __  ___rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Hubert O. Fry, Jr.______
		        CHAIRPERSON

INDEX

CASE ID	AR2000040190	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
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.	113.04	
2.		
3.		
4.		
5.		
6.