| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to show that he served his full 2-year period of service.
APPLICANT STATES: That he was inducted into the Army and received basic training at Fort Dix, New Jersey, and artillery training at Fort Sill, Oklahoma; that he put his life in harm's way by extending his tour of duty in the Republic of Vietnam (RVN) which enabled him to satisfy his 2-year active duty service requirement. He adds that he is a public school teacher in New York and has the opportunity to increase his pension factor by his 2 years of military service.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army of the United States for 2 years on 14 November 1968. Following Basic Combat Training at Fort Dix, he was transferred to Fort Sill for Advanced Individual Training (AIT) as a cannoneer, military occupational specialty (MOS) 13B. He completed AIT and was transferred to the RVN on 28 March 1969.
The applicant arrived in the RVN on 22 April 1969 and was assigned to the 23rd Infantry Division Combat Center (school) as a student. Following training in MOS 71B, Clerk, he was assigned to Headquarters and Service Battery, 6/11 Artillery, 23rd Infantry Division as a clerk. He remained in that position until he departed the RVN enroute to the United States.
The applicant returned to the United States and was assigned to Fort Dix for out-processing. He was honorably discharged on 17 June 1970 under the provisions of Army Regulation 635-200 with an early separation as an overseas returnee. He had 1 year, 7 months, and 4 days of creditable service, of which 1 year, 1 month, and 25 days was shown as overseas service in the RVN.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-14 of the regulation then in effect provided that commanders could separation overseas returnees from the RVN up to 150 days prior to their ETS (expiration term of service) dates at the convenience of the government.
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 was inducted for 2 years and, following training, was assigned to the RVN where he served almost 14 months. When he returned to the United States, he qualified for early separation as an overseas returnee. He was separated with an honorable discharge on 17 June 1970 after serving 1 year, 7 months, and 4 days of creditable service.
2. The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time. His early release was authorized at the convenience of the government based upon his return from a complete tour of duty in the RVN.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is 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
__lls____ ___mhm_ ___jtm ___ DENY APPLICATION
| CASE ID | AR2001055104 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010906 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 110.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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