MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            28 January 1999 
	DOCKET NUMBER:   AC98-10453
				   AR1999017666

	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.	Luther L. Santiful		Chairperson	
	Mr.	Robert W. Garrett		Member	
	Mr.	Curtis L. Greenway		Member	

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

	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 (DD Form 214) be corrected to show that he received no separation pay.

APPLICANT STATES:  That his DD Form 214 shows that he received $10,954.80 in separation pay when, in fact, he received nothing.  He further states that all of his money was taken by the Department of Veterans Affairs (VA) and that he wants DD Form 214 to show the amount of separation pay that he actually received.

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

On 17 February 1983, he enlisted in the Kansas Army National Guard (KSARNG) in the pay grade of E-1.  He was ordered to active duty for training on 20 March 1983 and he successfully completed his training as an infantryman.  On 28 June 1983, he was discharged from active duty for training and on 29 June 1983, he enlisted in the OKARNG where he remained until he was discharged on 22 February 1988. 

On 23 February 1988, he enlisted in the Army for 4 years in the pay grade of 
E-1 and he successfully completed his training as a administrative specialist.  

On 27 June 1991, he was honorably discharged and he immediately reenlisted for 3 years on 28 June 1991.  On 26 September 1991, he extended his enlistment for a period of 6 months.  He was honorably discharged with separation pay on 27 December 1994, at the expiration of his term of service.  He had completed 8 years, 1 month and 14 days of total active service.

A review of the applicant’s Jumps Leave and Earnings Statement (LES) shows that he was entitled to $10,954.80 of readjustment separation pay at the time of his discharge from the Army.  Further review reveals that other collections were due in connection with his separation 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.  The applicant’s DD Form 214 correctly reflects his adjusted amount of separation pay, prior to his deductions as $10,954.80, the amount he was entitled to receive at the time of separation.

2.  Although the applicant’s believes that his DD Form 214 should be corrected to show the amount of separation pay that he actually received after receiving compensation from the VA, the purpose of the DD Form 214 is to reflect the information as it existed at the time of separation.  Accordingly, his DD Form 214 appropriately reflects the amount of separation pay to which he was entitled prior to any other deduction. 

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

__rwg___  __ls ____  __csg____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10453/AR1999017666	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/28	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON	 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110.00		
2.  128.00		
3.		
4.		
5.		
6.