MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             21 July 1999
	DOCKET NUMBERS:  AC98-12618
	AR1998013102

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That the effective date of his retirement be changed from 30 June 1997 to 7 August 1998.  

APPLICANT STATES:  That he lost 38 days of leave because he was hospitalized from 4 June until 10 June 1997 and from 27 June until 24 July 1997. In support of his appeal, he submits a copy of a memorandum from William Beaumont Army Medical Center, El Paso, Texas dated 4 November 1997, which indicates that attempts were made to notify the applicant’s senior NCO to cancel his scheduled retirement because he was undergoing a Medical Evaluation Board (MEB).  He also submits a copy of a memorandum dated 27 June 1997, which indicates that an attempt was made to notify his commander that he was undergoing an MEB and that he should remain available to the military treatment facility commander or president of the Physical Evaluation Board (PEB) until the PEB completed action in his case.

EVIDENCE OF RECORD:  The applicant's military records show:

After serving in the Army National Guard for over 6 years, he enlisted in the Regular Army on 9 December 1975, for 4 years in the pay grade of E-2 and he remained on active duty through a series of continuous reenlistments.  He successfully completed his training as an infantryman and as a microwave system maintainer/operator.

On 3 April 1997, the applicant underwent a separation medical examination and he was found to be qualified for retirement.

On 30 June 1997, he was honorably retired under the provisions of Army Regulation 635-200, chapter 12 for sufficient service for retirement.  He had completed approximately 28 years, 2 months and 17 days of total active service.

The applicant’s medical records were unavailable for review.  However, a review of the available records fails to show that the applicant lost 38 days of leave or that he remained on active duty past his scheduled date of retirement date as a result of his being hospitalized.

Army regulation 630-5 serves as the authority for leaves and passes.  It states, in pertinent part, that Congress has provided compensation (no more than 60 days in a military career) for soldiers who were not able to use their leave because military requirements prevented it.  Soldiers will not be required to use leave immediately prior to separation simply for the purpose of reducing leave balances.  On the other hand, use of the leave system as a extra money program defeats the intent of Congress to provide for health and welfare of soldiers.  It should not be used either as a method of compensation or as a career continuation incentive.  It is specifically intended that large leave balances will not be accrued expressly for settlement upon release from active duty.
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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  Notwithstanding the fact that there is no evidence of record to support his contention that he lost 38 days of leave as a result of being hospitalized, he was notified on 20 March 1997, that he was being released from active duty effective 30 June1997.  He could have used his leave at any time throughout his career or after he was notified that the was being released from active duty.

3.  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 the aforementioned requirement.

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

___rgh __  ___ja ___  __cb____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID 	AC98-12618/AR1998013102	
SUFFIX		
RECON		
DATE BOARDED	1999/07/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  339	136.0100	
2.		
3.		
4.		
5.		
6.