MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            3 November 1999
	DOCKET NUMBER:   AR1998013175

	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. Edwin S. Castle		Member	
	Mr. Stanley Kelley		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 Report of Separation or Discharge (DD Form 214) be corrected to show that he was paid for accrued leave at the time of his discharge and that the amount he received was included in his severance pay.

APPLICANT STATES:  That he had 78 days of accrued leave at the time of his discharge.  However, his DD Form 214 indicates that he had no accrued leave.  He further states that the pay he received for the 78 days of accrued leave was included in his severance pay along with his retroactive payment for dependency status.

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

On 5 July 1977, he enlisted in the Army for 3 years in the pay grade of E-2 and he successfully completed his training as a military policeman.  He completed 3 years of total active service prior to being honorably discharged on 4 July 1980 at the completion of his required service.

He enlisted in the Army for an additional 3 years on 6 January 1983 and he completed his training as a MANPADS crewman.  The records show that he was discharged with severance pay on 7 June 1985, under the provisions of Army Regulation 635-40 for physical disability.  He had completed 5 years, 5 months and 2 days of total active service and his severance pay totaled $17,380.80.

A review of the available records fails to reveal that the applicant had 78 days of accrued leave at the time of his discharge.  His DD Form 214 indicates that he was not paid for any accrued leave at the time of separation.

The Department of Defense Military Pay and Allowances Entitlements Manual serves as the authority for the payment of leave.  Paragraph 40402 states, in pertinent part, that settlement for the payment of accrued leave on or after 10 February 1976, will include basic pay only and that payment for accrued leave can only be made upon discharge, provided the discharge is not more than 3 months prior to the normal expiration of the enlistment.  If further states that a military member can be paid for no more than 60 days of accrued leave during a military career.  Payments made before 10 February 1976 will be excluded from the 60-day limitation.  This paragraph reflects the provisions of title 37, U.S. Code, section 501, which prohibits payment for accrued leave in excess of 60 days.

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.  There is no evidence of record nor that the applicant submitted any evidence to substantiate his contention that he had accrued and was paid for 78 days of leave at the time of his discharge and that the pay he received was included in his severance pay.  Additionally, the Board notes that, in accordance with the application regulation, a service member will not be paid for accrued leave that totals more than 60 days.

3.  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

__sk____  __esc ___  ___fe ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013175	
SUFFIX		
RECON		
DATE BOARDED	1999/11/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  252	121.0000	
2.  254	121.0200	
3.		
4.		
5.		
6.