PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           8 November 20010
	DOCKET NUMBER:   AR2001060860

	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. Edmund P. Mercanti		                       Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 his records be corrected to show that he completed his entire 2-year enlistment.

3.  The applicant states that his early release from active duty has resulted in the loss of certain veterans benefits.

4.  The applicant’s military records show that he enlisted in the Regular Army for 2 years on 11 August 1982, was awarded the military occupational specialty of food service specialist, and was promoted to pay grade E-4.

5.  On 19 June 1984 orders were published reassigning the applicant from his unit to the servicing separation and transfer point, with a reporting date of 9 August 1984, and a projected release from active duty date of 10 August 1984.  The applicant’s records do not contain any amendments to those orders.

6.  On 31 July 1984 the applicant was honorably released from active duty and transferred to the Army Reserve control group due to completion of required service.  His separation documents show that he served 1 year, 11 months and 20 days of his 2-year enlistment.

7.  In accordance with Title 38, US Code, certain veterans benefits, such as home loan guarantees, require the veteran to complete 24 months of continuous active duty, or the full period for which ordered to active duty (at least 181 days).

8.  In accordance with Army Regulation 600-8-10, excess leave is creditable for all purposes except for pay.  Under normal circumstances, a soldier must consent to being placed on excess leave because it is a non-pay status.

CONCLUSIONS:

1.  There is no evidence or indication that the applicant requested to be released from active duty prior to his scheduled ETS.  As such, his early release from active duty appears to have been in error and is now causing him an injustice in that he cannot qualify for certain DVA benefits.

2.  However, it would not be fair or equitable to the Government to pay the applicant for service he did not perform.  Therefore, the applicant will be offered excess leave.  If he accepts the excess leave, his records will be corrected to show that he completed 24 months of active service.  If he does not consent to excess leave, no further action will be taken on his request.

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.  offering to the individual concerned excess leave for a period which would give him exactly 24 months of active service; and

	b.  showing that he completed exactly 24 months of active service, if he consents to being credited with excess leave.

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

BOARD VOTE:  

__fne ___  ____bje _  ____kyf _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Fred N. Eichorn___________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060860	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011108	
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.		
2.		
3.		
4.		
5.		
6.