| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Ms. Karen Y. Fletcher | Member |
2. The applicant requests, in effect, that his records be corrected to show that he completed his entire 2-year enlistment.
3. The applicant states that his early release from active duty has resulted in the loss of certain veterans benefits.
4. The applicant’s military records show that he enlisted in the Regular Army for 2 years on 11 August 1982, was awarded the military occupational specialty of food service specialist, and was promoted to pay grade E-4.
5. On 19 June 1984 orders were published reassigning the applicant from his unit to the servicing separation and transfer point, with a reporting date of 9 August 1984, and a projected release from active duty date of 10 August 1984. The applicant’s records do not contain any amendments to those orders.
6. On 31 July 1984 the applicant was honorably released from active duty and transferred to the Army Reserve control group due to completion of required service. His separation documents show that he served 1 year, 11 months and 20 days of his 2-year enlistment.
7. In accordance with Title 38, US Code, certain veterans benefits, such as home loan guarantees, require the veteran to complete 24 months of continuous active duty, or the full period for which ordered to active duty (at least 181 days).
8. In accordance with Army Regulation 600-8-10, excess leave is creditable for all purposes except for pay. Under normal circumstances, a soldier must consent to being placed on excess leave because it is a non-pay status.
CONCLUSIONS:
1. There is no evidence or indication that the applicant requested to be released from active duty prior to his scheduled ETS. As such, his early release from active duty appears to have been in error and is now causing him an injustice in that he cannot qualify for certain DVA benefits.
2. However, it would not be fair or equitable to the Government to pay the applicant for service he did not perform. Therefore, the applicant will be offered excess leave. If he accepts the excess leave, his records will be corrected to show that he completed 24 months of active service. If he does not consent to excess leave, no further action will be taken on his request.
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 by:
a. offering to the individual concerned excess leave for a period which would give him exactly 24 months of active service; and
b. showing that he completed exactly 24 months of active service, if he consents to being credited with excess leave.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__fne ___ ____bje _ ____kyf _ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___________Fred N. Eichorn___________
CHAIRPERSON
| CASE ID | AR2001060860 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011108 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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