PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER: 

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  The following members, a quorum, were present:

	Mr.			Chairperson	
	Mr.			Member	
	Mr.			Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
				Analyst	

	The applicant and counsel if any, did not appear before the Board.

	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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded separation pay and transition benefits.  He states, in essence, that despite being overweight, his previous commander would have permitted him to reenlist; and that an erroneous separation code used on his separation document, DD Form 214, deprived him of separation pay.

3.  The applicant entered active duty on 19 January 1989.  He served in military occupational specialty 95B, military police, and attained pay grade E-4.  An Army Physical Fitness Test Scorecard, DA Form 705, shows the applicant’s height and weight on 2 November 1994 as 74 inches and 257 pounds; that between 9 March and 2 November 1994 he had gained 38 pounds; and that, with his two prior total scores shown as 206 and 186, he had failed the test with a total score of 61.

4.  Orders 213-7, U.S. Army Aberdeen Proving Ground Support Activity, Aberdeen Proving Ground, Maryland, dated 14 November 1994, show that he was assigned to the United States Army Transition Point with a reporting date of 18 January 1995.

5.  On 18 January 1995 he was honorably separated by reason of completion of required service.  His separation document, DD Form 214, shows a separation code which is applicable only to the voluntary relief from active duty of an officer. 

6.  On 5 October 1998 the Board was advised by the Chief, Retirements and Separations Branch, Total Army Personnel Command (PERSCOM), that Title 10, United States Code, section 1174a, provides separation pay for an enlisted member who has completed six or more, but less than 20 years of active service, and is involuntarily discharged or denied reenlistment; that the applicant met those requirements; that the fact that he was overweight was moot since he was never processed for elimination on that basis; that his DD Form 214 has been administratively corrected; and that the original separation order (shown above) requires an amendment authorizing the receipt of separation pay, Post Exchange (PX) and commissary privileges, and hospital treatment.

CONCLUSIONS:

1.  Apparently through administrative error, the applicant was denied transition benefits normally provided to other soldiers in a similar situation.

2.  Correction of the aforementioned error requires an amendment of Orders 213-7, U.S. Army Aberdeen Proving Ground Support Activity, Aberdeen Proving Ground, Maryland, dated 14 November 1994, which can be accomplished by the Transition Center, Fort Myer, Virginia.
3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That Orders 213-7, U.S. Army Aberdeen Proving Ground Support Activity, Aberdeen Proving Ground, Maryland, dated 14 November 1994, pertaining to the individual concerned, be amended to authorize the receipt of separation pay, PX and commissary privileges, and hospital treatment.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON