PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 July 2001                   
	DOCKET NUMBER:   AR2001056728

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Terry L. Placek		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 Report of Transfer or Discharge, DD Form 214, be corrected to show he completed an additional 2 days of active duty so he may be credited with an additional good year of service.

3.  The applicant states that he was released early due to the weekend for the convenience of the Government.  Now, as a Reservist, he would like credit for a full additional good year of service.

4.  The applicant's military records show that he was inducted into the Army on   5 December 1963 for 2 years.  He was assigned to Vietnam when he was returned to the States for separation.  He was released from active duty on         3 December 1965, a Friday, after completing 1 year, 11 months, and 29 days of creditable active service with no lost time. 

5.  The applicant was discharged from the U. S. Army Reserve on 30 November 1969 and had a break in military service.  On either 20 March 1982 or 24 March 1986, he enlisted in the U. S. Air Force Reserve.  As of retirement year ending date 23 March 2001 he had 20 years, 11 months, and 29 days of qualifying years for a non-regular retirement.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4, in effect at the time, provided that when soldiers’ terms of service expire or they otherwise become eligible for discharge or release from active duty on a Saturday, Sunday, or legal holiday, they may consent to be discharged or released and transferred to the U. S. Army Reserve on the last working day before their normal date of discharge or release.  The actual date of separation will be shown on the DD Form 214.  

7.  Sections 12731 through 12740 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must have attained age 60, completed a minimum of 20 “good” qualifying years of service, and served the last 8 years of his qualifying service as a Reserve component soldier.  The term “good years” is an unofficial term used to mean each one-year period in which 50 or more retirement points are earned and which count as qualifying years of service for retirement benefits at age 60.  Regular Army service is credited day for day.  As pertains to this case, for the period under review, 5 December 1963 through 3 December 1965, the applicant would be credited with 00 years, 11 months, and 29 days of qualifying service.

CONCLUSIONS:

1.  The applicant served his 2-year commitment in the active Army in an honorable manner.  Because his expiration term of service date fell on a Saturday, he was separated on a Friday because Separation and Transfer Point personnel did not work on weekends.  The Board concludes that his early return from overseas and subsequent early release from active duty was involuntary.  

2.  Subsequent to the applicant’s separation from the active Army, he became a Reservist in the U. S. Air Force Reserve.  The action to separate him one day (not two days) early from the active Army has worked to his detriment by denying him a qualifying year for non-regular retirement.  It would therefore be appropriate to show that he completed his full 2-year active duty commitment from 5 December 1963 through 4 December 1965 and by amending his Retirement Points Summary accordingly.  As the applicant did not actually perform duties for that day, however, it would not be appropriate to award him back pay and allowances for that period.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  voiding the applicant’s 3 December 1965 separation;

     b.  placing the applicant on excess leave without pay for 1 day; and

     c.  showing that the applicant was released from active duty with an honorable characterization of service on 4 December 1965, thus giving him 2 years, 0 months, and 0 days of creditable active service.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__mkp___  __mhm___  __tlp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001056728	
SUFFIX		
RECON		
DATE BOARDED	20010712	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.