RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           9 December 2003                   
	DOCKET NUMBER:   AR2003088096

	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. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his military records be corrected to show that he served 2 years on active duty.

2.  The applicant states, in effect, that he was inducted in the Army for a period of 2 years but that his records only show 1 year, 11 months and 29 days.  He further states that he is being denied 1 full year of credit toward his retirement.  The applicant contends that he did not become aware of the error until August of 2000, when he was being processed for retirement benefits and Veterans Administration officials questioned him on his military service.

3.  The applicant does not provide any documentation to support his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error that occurred on 24 July 1964.  The application submitted in this case is dated 26 December 2002.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted in the Army on 27 July 1962.  He underwent training as an X-Ray Technician (Military Occupational Specialty 935.10), then served the remainder of his service obligation at Fitzsimons Army Medical Center, Fort Carson, Colorado.  The applicant was separated in pay grade E-3 on 24 July 1963, having served 1 year, 11 months and 28 days of active federal service

4.  Army Regulation 635-200 (Enlisted Personnel Separations) provides, in pertinent part, that a soldier whose expiration of term of service (ETS) falls on a Saturday, Sunday or legal holiday may, with the soldier’s consent, be released from active duty and transferred to the US Army Reserve on the last working day prior to his/her normal date of release.  The regulation further stipulates that the actual date of release will be recorded on the separation document.

5.  Research by the staff of the Board revealed that the applicant’s original ETS date of 26 July 1964 fell on a Sunday.  His actual date of release, 24 July 1964, was the prior Friday.

6.  Paragraph 030106 of the Department of Defense Financial Management Regulation states that members on excess leave are not entitled to pay and allowances. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was inducted for a 2-year period and that he served honorably throughout this period.

2. The applicant’s service personnel records, to include his medical records, are quite intact and complete.  There is no indication that the applicant was briefed on the fact that he was being released from active duty 2 days short of a full 2 years of service.  There is no indication of a consent form.  Because he was not advised that he would not complete a full 2 years, the applicant was unaware of any possible ramifications that might occur in the future as a result of his early release.

3.  It would be equitable to now show the applicant was placed on 2 days excess leave, was separated on 26 July 1964, and to amend his DD Form 214 to show he separated on 26 July 1964 after completing 2 years of active service.  This correction is only for the purpose of entitling the applicant to certain benefits from the Veterans Administration and does not entitle him to any additional pay and allowances while he was on active duty.

BOARD VOTE:

___mmd  ___ecp___  ___rjw__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  showing the individual concerned was placed on 2 days excess leave from 25 July through 26 July 1964; and

b.  issuing to him a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 215, showing he was on excess leave
from 25 July through 26 July 1964 and correcting blocks 11d, 24a and 24b of his DD Form 214 to show he separated on 26 July 1964 and that he completed 2 years, 0 months, and 0 days of net active service.

		________Mark D. Manning______________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088096	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031209	
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.