PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  2 October 2003
	DOCKET NUMBER:  AR2002077280

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Lester Echols		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 item 22 (Statement Of Service), a. (Creditable For Basic Pay Purposes), (1) (Net Service This Period) of his DA Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 31 August 1972, be corrected to read 2 years, 11 months and 21 days.

3.  The applicant states that 1 year and 21 days is either a typographical or mathematical error. 

4.  The applicant’s military records show that he was inducted into the Army of the United States on 7 October 1946.  During the period 23 December 1946 through 14 January 1947, he was absent without leave and was convicted by a Summary Court-Martial for this offense on 14 March 1947.  Upon separation on 1 May 1947, his length of service was shown as 6 months and 3 days; however, a pen and ink entry showing 6 months and 25 days had been made to this document and he was credited for this period throughout the remainder of his military service. 

5.  On 6 September 1947, he enlisted in the Regular Army and remained on active duty until his retirement on 31 August 1972.

6.  On 5 December 1969, a DA Form 2339 (Application For Voluntary Retirement) was prepared with the retirement date of 1 October 1970.  This statement did not allow for lost time during his first period of service.  He was credited with 23 years, 7 months and 16 days for retirement and total service for basic pay purposes.

7.  On 31 August 1972, the applicant was honorably separated and placed on the retired list effective 1 September 1972.  His records show that he was credited with 23 years, 7 months and 16 days (sic) of creditable service.

8.  Army Regulation 635-5 (Personnel Separation Documents), indicates, in pertinent part, that the DD Form 214 will be issued for the period of active service performed.

CONCLUSIONS:

1.  The evidence of record clearly shows that the DA Form 2339 was in error by not considering the 23 days lost time from the applicant’s first period of active service.

2.  There is no evidence of record to validate the pen and ink correction to the applicant’s first separation document.

3.  The DD Form 214, dated 31 August 1972 was clearly in error by showing 1 year and 21 days net service this period; 22 years, 6 months and 25 days other service; and 23 years, 7 months and 16 days total creditable for basic pay and total active service.  The correct amounts are 2 years, 11 months and 22 days; 22 years, 6 months and 24 days; and 25 years, 6 months and 16 days respectively, and his records should be corrected accordingly.

4.  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 of the individual concerned be corrected by showing in item 22, DD Form 214, dated 31 August 1972, as follows:

	a.  block a.(1) 2 years, 11 months and 22 days;

	b.  block a. (2) 22 years, 6 months and 24 days; 

	c.  block a. (3) 25 years, 6 months and 16 days;

	d.  block b. 25 years, 6 months and 16 days; and,

	e.  by showing that the applicant is entitled to retired pay based on 25 years, 6 months and 16 days of active service effective 1 September 1972.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__kn___  ___jm___  __le___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Kathleen A. Newman___
		        CHAIRPERSON

INDEX

CASE ID	AR2002077280	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.02	
2.		
3.		
4.		
5.		
6.