MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 December 1998                  
	DOCKET NUMBER:   AC98-12445

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. James M. Alward		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 he be authorized severance pay.

APPLICANT STATES:  He was in the Army for over 10 years.  He received an honorable discharge and he feels he deserves severance pay.

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

He enlisted in the Regular Army on 14 July 1977.  He was discharged on          12 February 1988, with an honorable discharge, under the provisions of Army Regulation 635-200, Chapter 9, alcohol abuse – rehabilitation failure.  He had completed 10 years, 6 months and 29 days of creditable active service and had no lost time.

Volume 7A of the Department of Defense Financial Management Regulations governs the entitlements to severance pay and other separation pays.  Paragraph 350401 states that a member separated from the service for physical disability is entitled to severance pay if qualified as prescribed in personnel regulations.  Paragraph 350201 states that full separation pay or half separation pay is authorized to service members who are involuntarily separated from active duty under certain conditions.  These two payments became effective 20 June 1991 and applied to members who were on active duty on 5 November 1990.

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 did not separate due to a physical disability; therefore, he is not entitled to severance pay.  He would have been entitled to half separation pay except he was discharged prior to 5 November 1990.

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

JHL_____  JMA_____  SK______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12445	
SUFFIX		
RECON		
DATE BOARDED	19981210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.08	
2.		
3.		
4.		
5.		
6.