PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 October 2002
	DOCKET NUMBER:   AR2002077103

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 separation for completion of required active service be changed to a length of service retirement.

3.  The applicant states that he did not retire from the Army because the process seemed almost too complicated and confusing.  He submitted his request but it was returned several times for correction and he would get different answers when he inquired as to what was needed.  He was told to submit his own retirement award and to write his own Noncommissioned Officer Evaluation Report.  He became frustrated and decided he would just separate.  He realizes now it would have been in his best interest to persist with his retirement.

4.  The applicant’s military records show that, after having had prior service in the U. S. Marine Corps from June 1979 - November 1985, he enlisted in the U. S. Army Reserve Delayed Entry Program on 24 January 1986 and in the Regular Army on 5 March 1986.  He was promoted to Staff Sergeant, E-6 in military occupational specialty 11B (Infantryman).  He separated on 13 October 1999 upon the completion of his required active service.  

5.  The applicant's Certificate of Release or Discharge from Active Duty, DD Form 214, shows he had 13 years, 7 months, and 9 days of creditable active service for the period ending 13 October 1999 and 6 years, 5 months, and 1 day of prior active service for a total of 20 years and 10 days of creditable active service with no prior inactive service.

6.  A Reserve Retirement Points Summary Sheet shows the applicant had continuous active duty from 14 June 1979 until 13 October 1999.

7.  Title 10, U. S. Code, section 3914, states that an enlisted member of the Army who has at least 20 but less than 30 years of service may, upon his request, be retired.

CONCLUSIONS:

1.  There is no Government error in this case but it would be equitable to correct the applicant's records to show he retired for length of service.  He served 20 years of active duty and earned his retired pay.

2.  It is noted that the applicant's Reserve Retirement Points Summary Sheet shows he served on active duty continuously from 1979 until 1999.  Although his U. S. Marine Corps records, to include the DD Form 214 for that service, are not available, this appears to be incorrect.  Since he only had a 6-year service obligation during his U. S. Marine Corps service, he most likely had a complete break in service between November 1985 and January 1986 (with Reserve service from 24 January 1986 until his enlistment in the Regular Army on             5 March 1986) or he may have had other Reserve service.
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.  showing that the applicant’s discharge of 13 October 1999 is void; 

     b.  that the applicant was credited with active duty for the period 14 October 1999 through 31 October 1999 in an excess leave status; and

     c.  that the applicant was retired for length of service on 31 October 1999, transferred to the Army Reserve Control Group (Retired), and placed on the retired list on 1 November 1999 in pay grade E-6.

2.  That the applicant be issued a new DD Form 214.

3.  That the applicant's Reserve Retirement Points Summary Sheet be adjusted as required.  

BOARD VOTE:  

__JLP__  __MHM__  __JEA  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  ___Irene N. Wheelwright___
		           CHAIRPERSON

INDEX

CASE ID	AR2002077103	
SUFFIX		
RECON		
DATE BOARDED	2002/10/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	FULL RELIEF	
REVIEW AUTHORITY		
ISSUES         1.	136.02	
2.		
3.		
4.		
5.		
6.