MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           6 September 2001
	DOCKET NUMBER:   AR2001055104

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 his DD Form 214, Report of Transfer or Discharge, be corrected to show that he served his full 2-year period of service.

APPLICANT STATES:  That he was inducted into the Army and received basic training at Fort Dix, New Jersey, and artillery training at Fort Sill, Oklahoma; that he put his life in harm's way by extending his tour of duty in the Republic of Vietnam (RVN) which enabled him to satisfy his 2-year active duty service requirement.  He adds that he is a public school teacher in New York and has the opportunity to increase his pension factor by his 2 years of military service.

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

He was inducted into the Army of the United States for 2 years on 14 November 1968.  Following Basic Combat Training at Fort Dix, he was transferred to Fort Sill for Advanced Individual Training (AIT) as a cannoneer, military occupational specialty (MOS) 13B.  He completed AIT and was transferred to the RVN on 28 March 1969.

The applicant arrived in the RVN on 22 April 1969 and was assigned to the 23rd Infantry Division Combat Center (school) as a student.  Following training in MOS 71B, Clerk, he was assigned to Headquarters and Service Battery, 6/11 Artillery, 23rd Infantry Division as a clerk.  He remained in that position until he departed the RVN enroute to the United States.

The applicant returned to the United States and was assigned to Fort Dix for out-processing.  He was honorably discharged on 17 June 1970 under the provisions of Army Regulation 635-200 with an early separation as an overseas returnee.  He had 1 year, 7 months, and 4 days of creditable service, of which 1 year, 1 month, and 25 days was shown as overseas service in the RVN.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-14 of the regulation then in effect provided that commanders could separation overseas returnees from the RVN up to 150 days prior to their ETS (expiration term of service) dates at the convenience of the government.

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 applicant was inducted for 2 years and, following training, was assigned to the RVN where he served almost 14 months.  When he returned to the United States, he qualified for early separation as an overseas returnee.  He was separated with an honorable discharge on 17 June 1970 after serving 1 year, 7 months, and 4 days of creditable service.
2.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  His early release was authorized at the convenience of the government based upon his return from a complete tour of duty in the RVN.

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

__lls____  ___mhm_  ___jtm ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001055104	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0100	
2.		
3.		
4.		
5.		
6.