PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 September 2003
	DOCKET NUMBER:  AR2003087471

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Regan K. Smith		Member	
	Ms. Linda D. Simmons		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 he be granted a full year of creditable service for retirement for the year of 1968 and that his report of separation (DD Form 214) be corrected to reflect his correct Social Security Account Number (SSAN). 

3.  The applicant states that he did not request an early discharge and the Army discharged him 10 days early, which is preventing him from receiving credit for a year of creditable service and receiving his 20-year letter, without having to serve an additional year in the United States Army Reserve (USAR).  He goes on to state that he served 18 months in Vietnam and accrued 48 days of leave.  He further states that he desires the additional 10 days and is willing to buy them back in order that he does not have to serve 21 years in the USAR to receive his 20-year letter.

4.  The applicant’s military records show that he enlisted in Pittsburgh, Pennsylvania, on 27 December 1965, for a period of 3 years and training in the journalism career management field.  At the time of his enlistment, the sixth digit of his SSAN was a "4".  He completed his basic combat training at Fort Jackson, South Carolina, and was transferred to Fort Benjamin Harrison, Indiana to undergo his advanced individual training (AIT) in basic military journalism.

5.  He successfully completed his AIT and was transferred to Fort Lewis, Washington, where he remained until he was transferred to Vietnam on 8 September 1966.  He was assigned to the 5th Public Information Detachment for duty as a script writer.  He remained in Vietnam for 18 months and departed on 8 March 1968, for assignment to Fort Sam Houston, Texas, for duty as a broadcast announcer.

6.  On 17 December 1968, he was honorably released from active duty (REFRAD) under the provisions of the Fiscal Year 1969 Holiday Early Release Program (Department of the Army Message 886383) and his expiration of term of service (ETS).  He had served 2 years, 11 months and 21 days of total active service and was paid for 48 days of accrued leave.  At the time of his REFRAD, his DD Form 214 was prepared to reflect that the sixth digit of his SSAN was a "1".

7.  Upon his REFRAD, he was transferred to the USAR Control Group (Reinforcement) to complete his 6-year statutory service obligation.  He was honorably discharged from the USAR on 17 December 1971.

8.  On 24 March 1986, 14 years later, he enlisted in the USAR and has remained in the USAR through a series of continuous reenlistments.  As of 23 March 2002, the applicant has 18 years, 11 months and 20 days of qualifying service for retirement at age 60.
9.  A review of the available records shows that his records contain a copy of his SSAN card indicating that the sixth digit is a "4".

10.  The Holiday Early Release Program is a voluntary program that was designed to provide for an orderly and equitable early transition from active duty during the Christmas/New Years holiday period.  It has traditionally applied to personnel who have an ETS between the period of 1 December of the current year and 2 January of the following year and allows early separation, if the soldier desires, in order to arrive home before the beginning of the holiday season.  Soldiers are allowed to participate in the early release program if they are eligible and request to do so; however, it is not mandatory that they do so.

11.  Army Regulation 135-180 implements the statutory authority governing the granting of Retired pay to soldiers of the Reserve Components.  It states, in pertinent part, that to be eligible for Retired pay, a person must have attained age 60, have completed a minimum of 20 qualifying years of service and have served the last 8 years of his or her qualifying service as a Reserve Component soldier.  Service creditable as a qualifying year is one in which the Reservist is in an active status and earns a minimum of 50 qualifying points during the retirement year.

12.  That regulation also provides, in pertinent part, that under section 1331(d) of title 10, United States Code (USC), each Reserve component soldier who completes the service required to be eligible for Retired pay at age 60 will be notified in writing within 1 year after he or she has completed that service in the form of a 20-year letter.  A copy of the notification will become a part of the Official Military Personnel File (OMPF).

CONCLUSIONS:

1.  The Board has noted the applicant's contention that he was separated 10 days early without his consent and finds it to be without merit.  The applicant was separated under the Holiday Early Release Program which has always been a voluntary program and which requires an individual request to participate in.  Although his request is no longer a matter of record, it must be presumed in the absence of evidence to the contrary that he was properly separated in accordance with the applicable regulation and the message announcing the Holiday Early Release Program.  

2.  Accordingly, the Board finds no basis to grant him credit for service that he did not perform.  To do so would afford him a benefit not afforded to others in similar situations.

3.  However, the Board does find that at the time of his REFRAD, an administrative error occurred in the preparation of his DD Form 214 which resulted in the sixth digit of his SSAN being reflected as a "1" instead of a "4".  Accordingly, the Board finds that it would be in the interest of justice to correct the error at this time.

4.  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 showing that the sixth digit of his SSAN is a "4" instead of a "1", as currently reflected on his DD Form 214 dated 17 December 1968.

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

BOARD VOTE:  

__js ____  __lds____  __rks ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2003087471	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  10	100.0900/ssn	
2.  334	135.0200/ret pt credit	
3.		
4.		
5.		
6.