| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Mr. Arthur A. Omartian | Member |
APPLICANT REQUESTS: In effect, that the effective date of separation on his
DD Form 214 (Report of Separation from Active Duty) be changed from
1 July 1974 to 28 September 1974, two years from the date of his enlistment in the Regular Army.
APPLICANT STATES: In effect, that he was released 89 days early from his
2 year enlistment under the condition that he serve for 1 year in a U. S. Army Reserve (USAR) unit. He was told by his recruiter that he would receive credit for his full two years enlistment. His DD Form 214 shows 2 years net active service for his enlistment but the separation effective date is 1 July 1974, which is only 1 year, 9 months, and 3 days from his enlistment date on 29 September 1972. Consequently, he is not getting a full two years retirement credit for this period of active Federal service from the U. S. Department of Agriculture for whom he currently works.
EVIDENCE OF RECORD: The applicant's military records show:
That he enlisted in the Regular Army on 29 September 1972, for a 2 year term of service. On 1 July 1974, he was honorably released from active duty and transferred to a USAR Troop Program Unit. His DD Form 214, box 18 (Record of Service), shows 2 years net active service for this period. Box 27 (Remarks) shows, "Early release to serve 1 year in an USAR unit." The authority for separation under these terms is shown in box 9c (Authority and Reason),
"DA message DAPE-MPP 121008Z Oct 71 SPD 432." This message, which implemented post-Vietnam phasedown release programs, authorized such early release under the "Reserve Components In-Service Recruiting Program" for first term soldiers. According to Army Regulation 635-5 (Separation Documents), appendix A, the separation program designation (SPD) 432 is for "Enlisted Personnel – Early Release to serve one year in an ARNG or a USAR unit."
In previous similar cases, the Office of the Deputy Chief of Staff for Personnel, Headquarters, Department of the Army, has provided an opinion that the Department of the Army never intended or had the legal authority to grant creditable active Federal service for time not actually served on active military duty. The opinion stated that the early release program only gave credit for completing a enlistment so that the soldier would qualify for post-service Veterans Administration benefits.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. There is no provision of law or regulation to grant active Federal service for time not served on active military duty and, therefore, there is no basis for
altering the applicant's separation or enlistment date on his DD Form 214. Under the "Reserve Components In-Service Recruiting Program, Early Release to serve one year in an ARNG or a USAR unit," the applicant was only given credit for completing his two year enlistment so that he would qualify for post-service Veterans Administration benefits.
2. 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
__iw___ ___tl__ ___ao_____ DENY APPLICATION
| CASE ID | AR2002070196 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020827 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.01 – Service Credit |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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