2.  The applicant requests that the 355 days he served on active duty while in the Regular Army be considered qualifying for retired pay.

3.  The applicant states that he arrived back in the United States from Germany and was released from active duty 10 days prior to the expiration of his term of service (ETS).  His early release from active duty was not of his choosing and is now being counted against him in the loss of that year as qualifying service.

4.  The applicant's military records show that he enlisted for 3 years in the Regular Army on 7 July 1958 in pay grade E-1, was promoted to pay grade E-2, and was awarded the military occupational specialty of structural specialist.  He was honorably released from active duty on 26 June 1961 by reason of early release of overseas returnee, a convenience of the Government separation.  He had 2 years, 11 months and 20 days of active service.

5.  He then had a break in service until his enlistment in a USAR unit on 13 August 1977 in pay grade E-4.  He has served continuously, performing duties as a senior tank commander, and has been promoted to pay grade E-7.

6.  Army Regulation 635-205, paragraph 7, in effect at the time, required the separation of soldiers who were returned from overseas duty who had less than 60 days remaining on their enlistments.

CONCLUSIONS:

1.  The applicant was required to be separated prior to his ETS due to his early return from overseas duty.  He had no choice in the matter.

2.  It would be inherently unjust not to count 355 days of continuous active duty as qualifying for retired pay when the soldier had no choice in the separation and it was for and at the convenience of the Government.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant’s retirement year ending 6 July 1961 is qualifying for retired pay.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON