MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  27 August 2002
	DOCKET NUMBER:  AR2002070196

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Arthur A. Omartian		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:  In effect, that the effective date of separation on his 
DD Form 214 (Report of Separation from Active Duty) be changed from 
1 July 1974 to 28 September 1974, two years from the date of his enlistment in the Regular Army.

APPLICANT STATES:  In effect, that he was released 89 days early from his 
2 year enlistment under the condition that he serve for 1 year in a U. S. Army Reserve (USAR) unit.  He was told by his recruiter that he would receive credit for his full two years enlistment.  His DD Form 214 shows 2 years net active service for his enlistment but the separation effective date is 1 July 1974, which is only 1 year, 9 months, and 3 days from his enlistment date on 29 September 1972.  Consequently, he is not getting a full two years retirement credit for this period of active Federal service from the U. S. Department of Agriculture for whom he currently works.

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

That he enlisted in the Regular Army on 29 September 1972, for a 2 year term of service.  On 1 July 1974, he was honorably released from active duty and transferred to a USAR Troop Program Unit.  His DD Form 214, box 18 (Record of Service), shows 2 years net active service for this period.  Box 27 (Remarks) shows, "Early release to serve 1 year in an USAR unit."  The authority for separation under these terms is shown in box 9c (Authority and Reason), 
"DA message DAPE-MPP 121008Z Oct 71 SPD 432."  This message, which implemented post-Vietnam phasedown release programs, authorized such early release under the "Reserve Components In-Service Recruiting Program" for first term soldiers.  According to Army Regulation 635-5 (Separation Documents), appendix A, the separation program designation (SPD) 432 is for "Enlisted Personnel – Early Release to serve one year in an ARNG or a USAR unit."

In previous similar cases, the Office of the Deputy Chief of Staff for Personnel, Headquarters, Department of the Army, has provided an opinion that the Department of the Army never intended or had the legal authority to grant creditable active Federal service for time not actually served on active military duty.  The opinion stated that the early release program only gave credit for completing a enlistment so that the soldier would qualify for post-service Veterans Administration benefits.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  There is no provision of law or regulation to grant active Federal service for time not served on active military duty and, therefore, there is no basis for 

altering the applicant's separation or enlistment date on his DD Form 214.  Under the "Reserve Components In-Service Recruiting Program, Early Release to serve one year in an ARNG or a USAR unit," the applicant was only given credit for completing his two year enlistment so that he would qualify for post-service Veterans Administration benefits.

2.  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

__iw___  ___tl__  ___ao_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002070196	
SUFFIX		
RECON		
DATE BOARDED	20020827	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.01 – Service Credit	
2.		
3.		
4.		
5.		
6.