| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served his full 2-year period of service.
APPLICANT STATES: That as a teacher in Georgia, he receives full retirement credit for all military service. In reviewing his retirement account, he discovered that he was credited with having only 1.777 years of military service based upon his DD Form 214 showing that he completed only 1 year, 7 months, and 5 days of creditable military service. He believes that he should have 24 months of creditable service even though he only served in the United States Army for a total of 19 months. He states that when he was assigned to the Republic of Vietnam (RVN), his military occupational specialty (MOS) was critically short and he was asked to voluntarily extend his tour of duty for 1 month and 27 days in exchange for early release (150 days) upon being return home from the RVN and service credit for 24 months. In support of his request, he submits a copy of his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army of the United States for 2 years on 6 March 1968. Following completion of all required training, he was awarded MOS (military occupational specialty) 76V, Equipment Storage Specialist.
On 12 July 1968, the applicant departed Fort Lee, Virginia enroute to the RVN. On 13 August 1968, he arrived in the RVN and was assigned to Headquarters Service Detachment, United States Army Marine Maintenance Activity, Vietnam (USAMMAV) on 19 August 1968. He remained in that assignment until he departed the RVN for the United States.
On 10 October 1969, the applicant returned to Fort Lewis, Washington for out-processing. On the same date, he was honorably released from active duty and assigned to the United States Army Reserve Control Group, St. Louis, Missouri under the provisions of Army Regulation 635-200 due to early separation as an overseas returnee. He had completed 1 year, 7 months and 5 days of creditable service, of which 1 year, 1 month and 27 days are shown as overseas service in the RVN.
Army Regulation 635-200 sets fort the basic authority for the separation of enlisted personnel. Paragraph 5-14 of the regulation then in effect provided that commanders could separate overseas returnees from the RVN up to 150 days prior to their expiration term of service (ETS) dates at the convenience of the government. The overseas returnee would be credited with actual active duty time served.
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. 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.
2. The applicant was inducted into the Army for 2 years. Following training; he 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 10 October 1969 after serving 1 year, 7 months, and 5 days of creditable service.
3. 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. There were no provisions to credit the difference between the release date and the ETS (expiration term of service) date.
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
__INW __ ___HOF _ __DPH__ DENY APPLICATION
| CASE ID | AR2001061264 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020115 |
| TYPE OF DISCHARGE | (HD) |
| DATE OF DISCHARGE | 19691010 |
| DISCHARGE AUTHORITY | AR635-200 |
| DISCHARGE REASON | A04.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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