BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120016937 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request to show he completed 20 years of active Federal service that included 1 1/2 years in the U.S. Navy and 18 1/2 years in the U.S. Army.

2.  The applicant states he completed a total of 20 active years between the U.S. Navy and the U.S. Army.  His multiple separation/discharge documents confirm his total service.  He should be eligible for a military retirement with benefits.  

3.  The applicant provides all his U.S. Navy and U.S. Army separation and/or discharge documents. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100018205, on 1 February 2011.

2.  The applicant provides his U.S. Navy separation document.  This was not previously considered; therefore, it is new evidence and as such warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 26 October 1964.  He was honorably released from active duty on 20 October 1967 and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation. 4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years, 11 months, and 25 days of creditable active service.  

5.  He remained in the USAR from 21 October 1967 to 31 March 1968, a period of 5 months and 11 days.  

6.  His U.S. Navy DD Form 214 shows he enlisted in the U.S. Navy on 1 April 1968 and he was discharged on 13 February 1969.  His DD Form 214 shows he completed:

* 10 months and 9 days of active service this period
* 3 years, 5 months, and 5 days of other service (consisting of 2 years, 11 months, and 25 days of prior active service and 5 months and 11 days of prior inactive service)
* 4 years, 3 months, and 14 days total service (the sum of the above two periods)
* 3 years, 10 months, and 4 days of total active service (the sum of his U.S. Army and U.S. Navy active service)

7.  He had a break in service between 14 February 1969 (one day after his discharge from the U.S. Navy) and 19 October 1969 (one day prior to his enlistment in the Regular Army).

8.  He enlisted in the Regular Army on 20 October 1969 and he was discharged on 30 October 1969.  His DD Form 214 shows he completed:

* 11 days of active service this period
* 4 years, 11 months (incorrect entry), and 25 days of other service (the    11 months appears to be in error; should have been 3 months instead)
* 5 years and 6 days total service (the sum of the above two periods) (this entry is also in error since the number of months was in error)
* 5 years and 6 days of total active service (this entry is also in error; he completed 3 years, 10 months, and 4 days of prior active service plus 11 days during this period for a total of 3 years, 10 months, and 15 days)

9.  He reenlisted in the Regular Army on 31 October 1969 and he was honorably discharged on 14 September 1970.  His DD Form 214 shows he completed:

* 10 months and 14 days of active service during this period
* 5 years and 5 days of other service (this entry is error as previously explained in paragraph 8 above)
* 5 years, 10 months, and 19 days of total service
* 3 years, 10 months, and 21 days of active service (this entry is correct) 

10.  He reenlisted in the Regular Army on 15 September 1970 and he was discharged on 21 June 1976.  His DD Form 214 (Report of Separation from Active Duty) shows he completed:

* 5 years, 9 months, and 7 days of active service this period
* 3 years, 10 months, and 20 days of prior active service
* 9 years, 7 months, and 27 days of total active service

11.  He reenlisted in the Regular Army on 22 June 1976 and he was discharged on 29 November 1978.  His DD Form 214 shows he completed:

* 2 years, 5 months, and 8 days of active service this period
* 9 years, 8 months, and 26 days of prior active service (unclear why his prior service changed)
* 12 years, 6 months, and 4 days of total active service

12.  He reenlisted in the Regular Army on 30 November 1978.  He was retired on 14 July 1983 and placed on the temporary disability retired list (TDRL) on 15 July 1983 by reason of temporary disability.  His DD Form 214 shows he completed:

* 4 years, 7 months, and 15 days of active service this period
* 12 years, 1 month, and 5 days of prior active service

13.  On 24 June 1983, a draft/unsigned U.S. Army Enlisted Records and Evaluation Center (USAREC) Form 3 (Statement of Service - Enlisted Personnel) was prepared to compute his total service for pay.  This form shows his periods of service as:

Component
From
To
Active Federal Service
(Yr  Mo  Day)
Inactive Service
(Yr  Mo  Day)
RA
26 Oct 64
20 Oct 67
02  11  25

USAR
21 Oct 67
19 Oct 69

1  11  29
RA
20 Oct 69
30 Oct 69
00  00  11

RA
31 Oct 69
14 Sep 70
00  10  14

RA
15 Sep 70
21 Jun 76
05  09  07

RA
22 Jun 76
29 Nov 78
02  05  08

RA
30 Nov 78
14 Jul 83
04  07  15

14.  Total Federal service creditable for retirement		16  08  20
Other qualifying service for pay only						01  11  29
Total service for basic pay									18  08  19
15.  He was removed from the TDRL on 23 April 1985 and permanently retired on 24 April 1985.  

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states item 12b (Separation Date) is the date a Soldier is released or discharged from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be entitled to a military retirement based on completion of 20 active years of service.  

2.  The evidence of record shows the applicant was in fact retired on 24 April 1983 when he was placed on the TDRL.  

3.  He completed several periods of active service in the U.S. Army as well as the U.S. Navy as follows but he did not complete 20 years of active service:

Component
From
To
Active Federal Service
(Yr  Mo  Day)
RA
26 Oct 64
20 Oct 67
02  11  25
USN
1 Apr 68
13 Feb 69
00  10  09
RA
20 Oct 69
30 Oct 69
00  00  11
RA
31 Oct 69
14 Sep 70
00  10  14
RA
15 Sep 70
21 Jun 76
05  09  07
RA
22 Jun 76
29 Nov 78
02  05  08
RA
30 Nov 78
14 Jul 83
04  07  15
Total


17  06  29 
4.  The unsigned USAREC Form 3 credited him with 16 years, 8 months, and 20 days of active service plus 1 year, 11 months, and 29 days of inactive service for a total of 18 years, 8 months, and 19 days of total service for pay.  If this form is adjusted to add 10 months and 9 days of active service in the U.S. Navy the total would be 17 years, 6 months, and 29 days of active service.  This is still well less than 20 years of active service.  As such, he is not entitled to retirement based on sufficient years of service. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100018205, dated 1 February 2011.



      _______ _ x  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20120016937





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ABCMR Record of Proceedings (cont)                                         AR20120016937



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