MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 January 2002                
	DOCKET NUMBER:   AR2001061264

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry, Jr.		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:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served his full 2-year period of service.

APPLICANT STATES:  That as a teacher in Georgia, he receives full retirement credit for all military service.  In reviewing his retirement account, he discovered that he was credited with having only 1.777 years of military service based upon his DD Form 214 showing that he completed only 1 year, 7 months, and 5 days of creditable military service.  He believes that he should have 24 months of creditable service even though he only served in the United States Army for a total of 19 months.  He states that when he was assigned to the Republic of Vietnam (RVN), his military occupational specialty (MOS) was critically short and he was asked to voluntarily extend his tour of duty for 1 month and 27 days in exchange for early release (150 days) upon being return home from the RVN and service credit for 24 months.  In support of his request, he submits a copy of his DD Form 214.

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

He was inducted into the Army of the United States for 2 years on 6 March 1968. Following completion of all required training, he was awarded MOS (military occupational specialty) 76V, Equipment Storage Specialist.

On 12 July 1968, the applicant departed Fort Lee, Virginia enroute to the RVN.  On 13 August 1968, he arrived in the RVN and was assigned to Headquarters Service Detachment, United States Army Marine Maintenance Activity, Vietnam (USAMMAV) on 19 August 1968.  He remained in that assignment until he departed the RVN for the United States.

On 10 October 1969, the applicant returned to Fort Lewis, Washington for out-processing.  On the same date, he was honorably released from active duty and assigned to the United States Army Reserve Control Group, St. Louis, Missouri under the provisions of Army Regulation 635-200 due to early separation as an overseas returnee.  He had completed 1 year, 7 months and 5 days of creditable service, of which 1 year, 1 month and 27 days are shown as overseas service in the RVN.

Army Regulation 635-200 sets fort the basic authority for the separation of enlisted personnel.  Paragraph 5-14 of the regulation then in effect provided that commanders could separate overseas returnees from the RVN up to 150 days prior to their expiration term of service (ETS) dates at the convenience of the government.  The overseas returnee would be credited with actual active duty time served.

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.  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.

2.  The applicant was inducted into the Army for 2 years.  Following training; he 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 10 October 1969 after serving 1 year, 7 months, and 5 days of creditable service.

3.  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.  There were no provisions to credit the difference between the release date and the ETS (expiration term of service) date.

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

__INW __  ___HOF _  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001061264	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020115	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691010	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A04.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.