MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 September 2000
	DOCKET NUMBER:   AR2000040720

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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:  Recomputation of his Active Federal Service to include his service in the Merchant Marine.

APPLICANT STATES:  That he has provided documentation to verify Merchant Marine service which is directly related to entry into the U.S. Marine Corps.  In support of his application, the applicant provided a certificate, dated 18 July 1963, from the U.S. Army Southeastern Signal School attesting to his record of service; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 April 1971; a United States Department of Commerce Certificate of Efficiency to Lifeboat Man, dated 7 August 1945; a United States Coast Guard Certificate of Service, dated 7 August 1945 showing the applicant was qualified to serve on American Vessels of 100 tons or larger as a cook and baker; and a United States Coast Guard Merchant Seaman’s Certificate of Identification, dated 7 August 1945, and two War Shipping Administration Certificates awarding the applicant the Atlantic War Zone Bar and the Mediterranean Middle East War Zone Bar “confirming active service with the United States Merchant Marine” in those war areas. 

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

The applicant served initially in an enlisted status in the U.S. Marine Corps and U.S. Marine Corps Reserve from 29 December 1945 through 10 June 1957.  He also served as an officer in the U.S. Marine Corps from 15 March 1953 through 22 March 1955.  

The applicant was appointed as a first lieutenant in the U.S. Army Reserve on 11 June 1957 and ordered to active duty on the same date.  The applicant was separated from active duty effective 30 April 1971 with 24 years, 2 months and 8 days of Active Service and placed on the retired list effective 1 May 1971.

There is no DD Form 214 in the applicant’s records which shows that he was credited with active military service based on service in the Merchant Marine.  There are documents provided by the applicant which show that he served in the Merchant Marine; however, there are no documents which show the exact dates of his service in the Merchant Marine or that this service qualified for active military service for Department of Veteran Affairs benefits.

Public Law 95-202 provides that members of groups, which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered “active duty for the purposes of all laws administered by the Veterans’ Administration” if the Secretary of Defense makes a determination that such service constituted active military service and issues to each member of the group a discharge from such service under honorable conditions where such service warrants.
Department of Defense Directive Number 1000.20 (Active Duty Service Determinations for Civilian or Contractual Groups) directs that the Secretary of the Air Force, as the Executive Agent of the Secretary of Defense, make determinations, based on the recommendations of the Department of Defense Civilian/Military Service Review Board, as to whether or not an established group of civilian employees or contract workers provided service to the U.S. Armed Forces in a manner considered active military service for Department of Veterans Affairs (VA) benefits.  Department of Defense Directive Number 1000.20 states that the decision of the Secretary of the Air Force is final and there is no appeal.

In a decision, dated 19 January 1988, the Secretary of the Air Force made a determination (based on the recommendation of the Department of Defense Civilian/Military Service Review Board and the memoranda and orders, dated 16 July and 5 October 1987, by the United States District Court for the District of Columbia in the case of Schumacher et al versus Aldridge) that the “American Merchant Marine Who Were in Active Oceangoing Service during the Period of Armed Conflict, December 7, 1941, to August 15, 1945, shall be considered active duty for the purposes of all laws administered by the Veterans Administration.”  The decision further stated that to receive recognition, each member of the “American Merchant Marine Who Were in Active Oceangoing Service during the Period of Armed Conflict, December 7, 1941, to August 15, 1945,” must meet the following eligibility criteria: 

	“1. Was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the U.S. Coast Guard or Department of Commerce (Merchant Mariner’s Document/Certificate of Service), or as a civil servant employed by the U.S. Army Transport Service (later redesignated U.S. Army Transportation Corps, Water Division) or the Naval Transportation Service; and 

	2.  Served satisfactorily as a crew member during the period of armed conflict, December 7, 1941, to August 15, 1945, aboard

		(a)  merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service (46 USCA 10301 & 10501) and further include “near foreign” voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or 

		(b)  public vessels in oceangoing service or foreign waters.”

The decision regarding “American Merchant Marine Who Were in Active Oceangoing Service during the Period of Armed Conflict, December 7, 1941, to August 15, 1945”, stipulated that a Certificate of Release or Discharge from Active Duty and a Discharge Certificate, or an Honorable Service Certificate or Report of Casualty, shall be provided to each qualifying member of the Merchant Marine, the U.S. Army Transport Service, and the U.S. Naval Transportation Service upon receipt of application from the member and upon verification of creditable service in accordance with service directives.  Total active duty service shall be the summation of each foreign, near foreign, coastwise, and intercoastal voyage within the period of armed conflict of World War II.  Inclusive dates of each creditable voyage shall be reflected on the DD Form 214.  For qualifying members taken as prisoners of war while on active duty, creditable service shall extend to date of repatriation or date of death while a prisoner of war.

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.  The Board notes the applicant’s contention that his service in the Merchant Marine should be credited as Active Federal Service for retired pay purposes.  

2.  Current law governing service by members of the Merchant Marine provides that qualifying Merchant Marine service only applies to benefits administered by the Department of Veterans Affairs.  Retired pay and computation of retired pay are not benefits administered by the Department of Veterans Affairs.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__EMW__  __DPH__  __RVO__  DENY APPLICATION

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

INDEX

CASE ID	AR2000040720	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710430	
DISCHARGE AUTHORITY	AR 635-10	
DISCHARGE REASON	VOLUNTARY RETIREMENT	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	113.0000.0000	
2.	129.0100.0000	
3.		
4.		
5.		
6.