APPLICANT REQUESTS:  The applicant who is the former service member’s (FSM) daughter, requests that he be credited with having completed 20 years of service.

APPLICANT STATES:  That an incorrect date was used in calculating the FSM’s total years of service thereby depriving him of all the benefits of a retired soldier.

EVIDENCE OF RECORD:  The majority of the FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from that portion of the record that was available.

The FSM was born on 30 August 1877 in New York state.  He initially enlisted in the Regular Army on 9 May 1902 and through a series of reenlistments remained on active duty until his discharge on 18 January 1923 in the grade of sergeant.  He died on 30 May 1953.

At the time of his final discharge from the Army he was credited with over 19 years of service.

The applicant contends that the error in calculating the FSM’s active service is reflected in his final statement of service as having been honorably discharged on 25 August 1919 when, in fact, his discharge certificate for the same enlistment period reflects that he was discharged on 4 June 1920.  Computing his total service using the latter date would result in his being credited with 20 years, 1 month and 11 days of service.

An Act of February 14, 1885,(ch. 67, 23 Stat. 305), provided the first enlisted nondisability retirement authority.  It authorized the voluntary retirement, at the discretion of the Secretary concerned, of Army and Marine Corps enlisted personnel after 30 years of service.

Public Law 190, 79th Congress, Act of October 6, 1945 (Sec. 4, 59 Stat. 538, 539), authorized the voluntary retirement and transfer to the reserves of Army enlisted personnel with at least 20 but not more than 29 years of active service.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s contention that the FSM’s active service was improperly calculated is correct.  The FSM should have been credited with 20 years, 1 month and 11 days of service rather than “over 19 years of service.”

2.  Notwithstanding the foregoing, at the time of the FSM’s discharge on 18 January 1923, the law then in effect provided that enlisted personnel could only be retired after completing 30 years of service.

3.  Authority for the retirement of enlisted personnel with a minimum of 20 years of service was not enacted until 1945.

4.  In view of the foregoing, there appears to be 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

                       DENY APPLICATION




		     Karl F. Schneider
		     Acting Director