MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           6 May 1999
	DOCKET NUMBER:   AC98-07100
	AR1998013467

	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. Fred N. Eichorn		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Carol Jo Suiter		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 his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show his separation code as JFL instead of JFM as currently reflected.

APPLICANT STATES:  In effect, that orders were published authorizing him disability with severance pay and that the separation code reflected on his DD Form 214 indicates that he is not entitled to disability severance pay.  He further states that he needs his separation code changed so his indebtedness to the Army can be remitted.  In support of his appeal, he submits a copy of orders number 116-0015 dated 25 April 1996, which reflect that he is entitled to disability severance pay.

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

On 3 August 1993, he enlisted in the Army for 4 years in the pay grade of E-1 and he successfully completed his training as an infantryman.

A review of the records reveals that on 4 April 1996, orders number 095-0020 were published assigning the applicant to the Army transition point at Fort Richardson, Alaska for transition processing.  The orders indicated that he was authorized disability severance pay in the pay grade of E-4.

Further review of the records reveals that on 25 April 1996, orders number 
116-0014 were published rescinding the orders dated 4 April 1996 and orders number 116-0015 were published omitting that portion of the original order authorizing the applicant disability severance pay.  

On 13 June 1996, the applicant was discharged from the Army under the provisions of Army Regulation 635-40 by reason of a disability which existed prior to service.  He was also issued a separation code of JFM which indicates that he is not entitled to disability severance pay.

On 21 August 1996, the Defense Finance and Accounting Service (DFAS) notified the applicant by letter that a review of his military pay account after his separation indicates that he received a separation payment in the amount of $6,396.20 and that he is in debt to the Department of Defense because he was only entitled to $1,462.26.  The letter shows that he was overpaid in the amount of $4,933.94.

The orders that the applicant submitted with his appeal to this Board (orders number 116-0015) dated 25 April 1996, appear to have been altered because they reflect that he is authorized disability severance pay.

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 the aforementioned requirement.

2.  The applicant’s DD Form 214 appears to be correct as currently reflected.  The applicant was erroneously authorized disability severance pay as a result of order number 116-0015 that was later rescinded and at some point altered.  

3.  The separation code of JFM that is currently reflected on his DD Form 214 appropriately shows that he is not entitled to disability severance pay and the DFAS is entitled to a full recoupment of overpayment to the applicant.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-07100/AR1998013467	
SUFFIX		
RECON		
DATE BOARDED	1999/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  291	128.0800	
2.  293	128.1000	
3.		
4.		
5.		
6.