PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                  12 April 2000            
	DOCKET NUMBER:          AR1999031571

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Steuve		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 that his total active service be corrected to 3 years.

3.  The applicant states that he did not ask to be released from active duty early and now his early release is adversely affecting his veterans benefits.

4.  The applicant’s military records show that he enlisted in the Regular Army on 15 September 1958, was promoted to pay grade E-3 and then reduced to pay grade E-2 for misconduct.  He was promoted back to E-3 and then was again reduced to pay grade E-2 for inefficiency.  He was promoted to pay grade E-4 and was reduced to pay grade E-3 and then E-2 for unspecified reasons.

5.  He was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 29 August 1961 due to early release of overseas returnee.  He had 2 years, 11 months and 15 days of creditable service.

6.  Excess leave is a leave status where the service is creditable for all purposes except for pay.  A soldier must consent to being placed on excess leave.

7.  In the processing of this case the staff of the Board contacted the applicant and asked if he would be willing to accept excess leave if that was recommended by the Board.  He stated that he would gladly accept excess leave.

CONCLUSIONS:

1.  The applicant’s record substantiates his claim that he did not request to be released from active duty prior to the expiration of his term of service.  As such, his loss of veterans benefits due to his early release from active duty is an injustice.

2.  However, the Board will not recommend paying the applicant for service he did not perform.  Therefore, the Board will recommend that he be given sufficient excess leave to show that he completed his 3-year enlistment.

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.  crediting the individual concerned sufficient excess leave to show that he completed his full 3-year enlistment in the Regular Army; and

	b.  issuing to him a DD Form 215 which shows that he served 3 years of continuous active duty.

BOARD VOTE:  

_rgh_______  __bje          jps       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Robert G. Hinkle_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999031571	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.