PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001055624


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Ms. Regan K. Smith		Member
Mr. Thomas B. Redfern		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.

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2. The applicant requests, in effect, that his DD Form 214 (Report of Transfer
or Discharge) be corrected to show he completed an additional 2 days of active duty so that he may be credited with an additional good year of service.

3. The applicant states that he signed a legal and binding contract for 3 years
of service, not 2 years, 11 months, and 28 days. He also states that he has to serve an additional year in the USAR due to his loss of 2 days which he should be given credit for. In support of his application he submits a copy of his
DD Form 214, a copy of his DD Form 4 (Enlistment Record), and a copy of his enlistment orders.

4. The applicant's military records show that he enlisted on 19 January 1954
as an automatic weapons electronic assemblyman for a period of 3 years. He served in Japan from 8 October 1955 to 11 January 1957 and was honorably discharged on 16 January 1957 under the provisions of Army Regulation
635-250 and Army Regulation 635-205, due to early separation of overseas returnees. He completed 2 years, 11 months, and 28 days of creditable
service. He was transferred to the USAR and was assigned to a troop program unit and continued to serve until he was honorably discharged from the USAR on 31 December 1961.

5. The applicant was appointed as a USAR second lieutenant in the Army Dental Corps on 26 April 1965. He was ordered to active duty (AD) on 2 July 1965 and continued to serve until he was honorably released from AD on 1 July 1967.
He is presently serving in the USAR as a lieutenant colonel/LTC.

6. The applicant provided a copy of his DD Form 4, dated 19 January 1954, which shows that he enlisted for a period of 3 years on 19 January 1954.

7. Item 24(1) (Statement of Service/Net Service This Period) of his DD Form 214 shows the entry “2 11 28” (2 years, 11 months, and 28 days).

8. A perpetual monthly calendar was obtained from the Internet which shows the days of the week for the month of January 1957.

9. The applicant’s personnel records show that the applicant was assigned to the US Army Transition Point at Fort Dix, New Jersey on 12 January 1957, which fell on a Saturday and was discharged on 16 January 1957, which fell on a Wednesday.

10. A copy of the applicant’s Chronological Statement of Retirement Points
(Summary Points Inquiry/Update) was provided by the Army Reserve Personnel Command (ARPERSCOM) to a staff member of the Board. This summary shows that he was given 363 active duty points and 363 creditable points for retirement instead of 365 for the year 19 January 1956 to 16 January 1957.
11. Army Regulation 635-205, in effect at the time, set forth the basic authority for the separation of enlisted personnel for convenience of the government. Paragraph 7 governs separation of enlisted personnel with less than 3 months remaining to serve. Paragraph 7(a) pertains to overseas returnees. It states, in pertinent part, that commanders are authorized to order separation for the convenience of the government of enlisted personnel for return to the US.
Enlisted members of the Regular Army and USAR, who upon arrival have less than 3 months remaining before expiration of term of service (ETS) will be discharged for the convenience of the government, released from active duty, and returned to their former National Guard or Army Reserve status, or released from active duty and transferred to the USAR.

CONCLUSIONS:

1. The evidence of record shows that he enlisted for a period of 3 years and served his commitment in an honorable manner and was separated 2 days before completion of 3 years of active Federal service.

2. The Board notes that the applicant was separated on 16 January 1957 which fell on a Wednesday instead of being separated on 18 January 1957 which fell on a Friday for reasons unknown. The Board also notes that he was separated due to early release of overseas returnees and was transferred to the USAR in accordance with regulations which have also denied him a qualifying year for non-regular retirement.

3. The Board further notes that by awarding the applicant the additional 2 days, this would prevent him from having to serve an additional year in the USAR. Therefore, it would be appropriate, in the interest of justice, to award the applicant 2 additional days to show that he completed his full 3 year active duty commitment

4. In order to provide the applicant the relief requested, it would also be appropriate to place the applicant on 2 days excess leave for the period
17 to 18 January 1957, since he did not serve this period for pay.

5. The applicant’s retirement points summary shows that he was credited with
363 active duty points and retirement points instead of 365 for the year 19 January 1956 to 16 January 1957. Therefore, it would be appropriate for this Board to award the applicant 2 additional points for a total of 365 active duty
points and retirement points for the years 19 January 1956 to 16 January 1957.





The Board recommends that his summary point worksheet be amended to show 365 active duty points, 365 retirement points, and to show his end date as 18 January 1957 instead of 16 January 1957, which would entitle the applicant to an additional qualifying year of service for retirement purposes.

6. 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 for the individual concerned be corrected by:

         a. voiding the applicant’s 16 January 1957 separation;

         b. showing that the applicant was released from active duty with an honorable characterization of service on 18 January 1957;

c. by showing in item 11d (Effective Date) of his DD Form 214 the entry “18 JAN 57”;

d. by showing in item 24(1) (Statement of Service/Net Service This Period) of his DD Form 214 the entry “3 0 0” (3 years, 0 months, and 0 days);

         e. by showing that the applicant was placed on excess leave for the period 17 to 18 January 1957, without pay;

         f. by correcting his retirement points statement to show that he was credited with 365 active duty points and 365 retirement points for the year 19 January 1956 to 18 January 1957 and to show his end date as 18 January 1957; and

g. upon completion of the administrative corrections to the individuals records and issuance of a new Chronological Statement of Retirement Points (Summary Points Inquiry/Update) showing that, the period of service from 19 January 1956 to 18 January 1957 was one year.

BOARD VOTE:

__mp___ ___rs___ __tr____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Margaret K. Patterson___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001055624
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010807
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19570116
DISCHARGE AUTHORITY	AR 635-250
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 303
2.
3.
4.
5.
6.