PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            12 April 2001     
	DOCKET NUMBER:   AR2000049133

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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, in effect, that he be issued an honorable discharge certificate indicating that he successfully completed his statutory service obligation.  He notes, in effect, that he was released from active duty and transferred to the U.S. Army Reserve (USAR) and subsequently moved from New Jersey to Arizona.  He states that he never received his honorable discharge certificate and that “it would be a great honor” if he could receive the certificate now.

3.  Although the applicant’s military personnel records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center, information reconstructed from documents provided by the applicant indicate that he was inducted and entered active duty on 6 November 1950.  He served more than 14 months overseas where he was awarded the Korean Service and United Nations Service Medals.  He was retained on active duty for 10 days beyond his scheduled separation date at the convenience of the government and on 
15 November 1952 was released from active duty with an honorable characterization of service and transferred to the USAR.  His separation document indicates that he was transferred to the USAR for a period of five years.

4.  There is no indication, and the applicant has not indicated, that he has any active association with the military following his release from active duty in 1952.

5.  Public Law 98-94 outlines the statutory service obligations incurred by individuals who enlist in any component of the U.S. military.  Effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.  Before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry.  

6.  Telephonic information from the Army Review Boards Agency’s Support Division in St. Louis indicated that Board action was required in order to issue an honorable discharge certificate upon completion of an individual’s statutory service obligation when that individual’s official military records were no longer available.

CONCLUSIONS:

1.  It is unclear from available evidence why the applicant’s separation document indicates that he had 5 years remaining on his statutory service obligation at the time of his separation from active duty when the law at the time required only 6 years of service.  The applicant would have completed 2 years and 10 days of the 6-year obligation while on active duty and by law would only have had slightly less than four years remaining on his statutory service.  In all probability it was merely a typographical error which resulted in the 5 rather 4 year entry on his separation document.
2.  However, in view of the absence of records the Board concludes that the available evidence indicates that the applicant’s remaining service obligation was 5 years bringing his total service obligation to 7 years and 10 days.  As such it would be appropriate and in the interest of justice to issue him an honorable discharge certificate from the U.S. Army Reserve commensurate with that information.  Based on that information his statutory service obligation would have expired on 15 November 1957; a total of 7 years and 10 days following his initial entry into military service.

3.  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 the individual concerned an honorable discharge certificate indicating he was honorably discharged from the U.S. Army Reserve on 15 November 1957 upon completion of his statutory service obligation.

BOARD VOTE:  

___rwa__  ___dph__  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049133	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
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.	110.00	
2.		
3.		
4.		
5.		
6.