MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 August 1999                    
	DOCKET NUMBER:   AR1998013654

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. George D. Paxson		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 DD Form 214 be corrected to show he was discharged with 90 days of active service.

APPLICANT STATES:  He was discharged from active duty with 83 days of service and with 7 days of accrued annual leave.  He should have been allowed to stay on active duty while using his annual leave.  That would have given him 90 days of active duty and veteran status.  Supporting documentation is as listed on the DD Form 149 and attachment.

EVIDENCE OF RECORD:  The applicant's military records are not available.

The applicant was ordered to active duty on 27 December 1990.  He served in Southwest Asia from 16 January – 11 March 1991.  He was released from active duty on 19 March 1991, under the provisions of section XI, Chapter 3, Army Regulation 635-100, upon his expiration term of service.  He had completed 2 months and 23 days of creditable active service.

Army Regulation 635-100, in effect at the time, provided policies and procedures for separating officers from active duty.  Section XI, Chapter 3, stated that officers who declined to request extension of service and officers whose request for extension of service had been disapproved by Headquarters, Department of the Army would be released from active duty in sufficient time to arrive at their home not later than 2400 hours on the day of completion of their tours of service.

Army Regulation 600-8-10 prescribes policies for the leave and pass function of the Military Personnel System.  In pertinent part, it states that transition leave must not interfere with operational requirements, timely processing or transition processing.  The established transition date may be extended only for soldiers pending physical disability.  Leave will be terminated at 2400 on the day of transition (concurrent with transition).

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 relief the applicant requests is contrary to regulation.  If he had been allowed to take his 7 days accrued leave, he would still have been required by regulation to complete his leave no later than 19 March 1991, which was his listed expiration term of service and transition date.  

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

__jhk___  __wtm___  __gdp___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013654	
SUFFIX		
RECON		
DATE BOARDED	19990811	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.