PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001058920


         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. Paul A. Petty		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Arthur A. Omartian		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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1985, be corrected to add two weeks of active duty from 1959 and two weeks of active duty from 1961; and adjust his retired pay accordingly.

3. The applicant states, in effect, that he served for two weeks on active duty at Camp Breckenridge, Kentucky, beginning on or about 27 June 1958, attached to Company A, 28^th Infantry Battalion, from Akron, Ohio; and that he served for two weeks on active duty at Camp Picket, Virginia, in about July 1960 or July 1961 attached to the 55^th Transportation Battalion from Detroit, Michigan. He provides a copy of a Social Security Administration Itemized Statement of Earnings for January 1959 through December 1961. This statement shows that he was paid $54.00 during July-September 1959, by Army Finance, Fort Knox, Kentucky; he was paid $54.00 during July-September 1960, by the Finance and Accounting Office, Military Pay Section, Fort George Meade, Maryland; and he was paid $169.20 during October–December 1961, by the Department of the Army – Active Component, Indianapolis, Indiana. He contends that the two $54.00 amounts prove that he served on two weeks active duty in each of 1959 and 1960.

4. The applicant’s military records show that he was inducted on 16 October 1956 and served on active duty through 19 August 1958, a period of 1 year,
9 months, and 25 days, plus 9 days lost time. He was honorably released in the rank of Recruit (RCT). The source of this information is a Certification of Military Service provided to the applicant on 12 June 1985 by the National Personnel Records Center (NPRC), Military Personnel Records. The applicant’s Military Personnel Records from this period cannot be found and are presumed to be lost in a fire that occurred at the NPRC in 1973. It appears that the applicant was assigned to the (USAR) Control Group (Annual Training) from 20 August 1958 until his enlistment in the Regular Army on 27 March 1962 but his Military Personnel Records from this period cannot be found and are also presumed to be lost in a fire that occurred at the NPRC in 1973.

5. From other available records, it is shown that on 10 August 1961, the applicant was ordered to active duty by Executive Order 10957. The Executive Order was supplemented by specific orders to active duty for 1 year as directed by Letter Orders M-10-865, published by Headquarters, 2^nd U. S. Army, Fort Meade, Maryland; dated 27 October 1961. The applicant, as a USAR enlisted soldier, served honorably on active duty for 4 months and 13 days, from
14 November 1961 through 26 March 1962, in the 210^th Signal Company at Tobyhanna Signal Depot, Pennsylvania. This period of service is included on his retirement DD Form 214 and his retirement pay computation according to his
DA Form 2339 (Application for Voluntary Retirement).

6. On 27 March 1962, the applicant enlisted in the Regular Army and served continuously until retirement as a First Sergeant, pay grade E-8, on 31 July 1985, with 23 years, 4 months, and 5 days creditable active service. The applicant’s Military Personnel Records for this period are available and have been reviewed. This period of service is fully accounted for on his retirement DD Form 214 and his retirement pay computation according to his DA Form 2339.

7. By letter dated 27 April 2001, the NPRC, Military Personnel Records,
St. Louis, Missouri, informed the applicant that they were able to verify his
1959 two weeks Annual Active Duty for Training with Company A, 28^th Infantry Battalion, but they were not able to verify a two week active duty period in 1961 or 1962 (should probably read 1960 or 1961 since the applicant was on regular active duty all of 1962). The NPRC provided copies of documents related to his 1959 two week period. Letter Orders 6-415; published by XX United States Army Corps (Reserve), Fort Hayes, Columbus 18, Ohio; dated 5 June 1959, attached the applicant to Company A, 3^rd Battle Group, 28^th Infantry, 83^rd Infantry Division “(Akr Area)”, at Camp Breckinridge, Kentucky, for Annual Active Duty for Training (ADT) for the period 28 June 1959 through 12 July 1959, a period of 15 days. The orders show that the applicant was a Private, pay grade E-2, (PVT2), attached from his regular unit of assignment, the 2196^th U. S. Army Reserve (USAR) Control Group (Annual Training). A Company A Morning Report for
28 June 1959, shows that the applicant was attached to that company. A roster attached to the morning report, signed by the unit commander, verifies that the applicant attended ADT from 28 June 1959 through 12 July 1959. However, the unit morning report for 7 July 1959 shows that the applicant was reported Absent Without Leave (AWOL) beginning at 0500 hours on 6 July 1959. The unit morning report for 8 July 1959 shows that the applicant returned from AWOL to duty at 0700 hours on 8 July 1959. He was, therefore, charged with 2 days of AWOL, 6-7 July 1959.

8. On 20 March 2000, the Defense and Finance Accounting System searched travel pay records for the years 1959 through 1961. Available finance records show that the applicant was paid $20 travel pay at Camp Breckinridge, Kentucky, on or about 3 July 1959 and that he was paid $86.91 travel pay at Camp Breckinridge on or about 10 July 1959. No records could be found to show any payments for 1960 or 1961.

9. The applicant is currently receiving retired pay at the pay grade of E-8 based on his 25 years, 6 months, and 13 days active Federal service. In order for his retired pay to increase in any amount, his active Federal service would have to exceed 25 years and 7 months active Federal service.



10. According to the regulation which governs Army creditable service and retired pay, the Department of Defense Financial Management Regulations, Volume 7B, Chapter 1, paragraph 010204 (Effect of Absence from Duty on Creditable Service), Table 1-6 (Absence from Duty in Enlisted Status), a period during which an enlisted soldier has unauthorized absence (AWOL) of more than 1 day (24 consecutive hours) is not creditable service.

CONCLUSIONS:

1. There is sufficient evidence to show that the applicant served on annual ADT from 28 June 1959 through 12 July 1959, a period of 15 days. However, the records also show that during that time, he was AWOL 6-7 July 1959, a period of 2 days, returning to duty on 8 July 1959. Periods of AWOL are not good time and not creditable as active service. Accordingly, the applicant’s records should be corrected to add 13 active Federal service days. This does not, however, result in any change to his retired pay.

2. There is insufficient evidence to prove that the applicant served a two week period of active Federal service in 1960, 1961, or 1962 in addition to that already counted. The Social Security records provided by the applicant as evidence do not provide specific dates or specify for what the money was paid. The amounts paid reported on the Social Security records do not equate to the amount that would be paid for a 2 week period of active duty for training.

3. 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 related to this case be corrected for the individual concerned by:

         a. correcting his DD Form 214 for the period ending 31 July 1985 to show that he had 19 years, 8 months, and 28 days total prior active service and
3 years, 2 months, and 11 days total prior inactive service; and

         b. showing that he had a total of 25 years, 6 months, 26 days active Federal service upon retirement.

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

BOARD VOTE:

__wm___ __cg___ __ao____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058920
SUFFIX
RECON
DATE BOARDED	20011101
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PART
REVIEW AUTHORITY
ISSUES 1.	135 – Reserve Service Credit
2.
3.
4.
5.
6.