MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 August l999     
	DOCKET NUMBER:   AR1998014169

	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	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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:  In effect, correction of his military records to show that his discharge date be changed to 2 December 1992.

APPLICANT STATES:  In essence, that he left Fort Gordon, Georgia on 
27 November 1992, the date he was discharged.  He had to drive his automobile to California and arrived on 2 December 1992.  He has been denied Montgomery GI Bill educational benefits because he is 1 day short of serving 3 years on active duty.

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

He enlisted in the Regular Army on 28 November 1989 for 5 years and 
19 weeks.  He voluntarily participated in and contributed to the Montgomery GI Bill, and contributed the required $1200 to the program at the beginning of his enlistment.  He served as a military policeman and the highest rank he attained was specialist, pay grade E-4.

On 14 September 1992, he was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 15, due to admission of homosexuality/bisexuality.  On 12 November 1992, he appeared before a board of officers, at his request, with counsel.  The board recommended discharge with an honorable discharge.  The separation authority concurred and directed an honorable discharge on 23 November 1992.  

The applicant was discharged on 25 November 1992, with an honorable discharge, under the provisions of Army Regulation 635-200, by reason of admission of homosexuality/bisexuality.  His DD Form 2l4 (Certificate of Transfer or Discharge) shows in item 12d (Net Active Service this Period) that he served for 2 years, 11 months and 28 days.  Note:  This period of service should have been shown as 2 years, 11 months and 24 days.

The Army Discharge Review Board denied a request for a change in the reason for his discharge on 6 March l996.  On 21 August l996, this Board denied his requests for a change in reason and authority for his discharge;  refund of the $1200 he contributed to the Montgomery GI Bill program;  and that he be granted eligibility for full benefits under the Montgomery GI Bill.

Army Regulation 635-200, in Section II of the Glossary, defines a discharge as “Complete severance from all military status gained by the enlistment or induction.”

This same regulation, at Section IV, (Effective Date of Discharge), paragraph 
1-31a, states in pertinent part, that the effective date of discharge is 2400 (hours) on the date of notice of discharge.  Delivery of the discharge certificate denotes delivery of the notice of discharge.  
Entitlement to benefits under the Montgomery GI Bill are determined by the Department of Veteran Affairs (DVA), not the Department of the Army.  

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, in this case, has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s effective date of discharge was at 2400 (hours), on 
25 November l992, the date the discharge certificate and other separation documents were delivered to him.  

3.  The applicant has not shown that there was any error or injustice in the discharge process or in the delivery of the discharge documents to him.  The only error in these documents appears to be an administrative error in the computation in item 12d of the DD Form 2l4, which shows the length of service.  It should read 2 years, 11 months, and 24 days instead of 28 days.  A correction to the DD Form 2l4 will be issued to correct this administrative error.  

4.  Whether or not he took 7 days to drive to California has no bearing on his discharge date.

4.  Entitlement to DVA benefits, to include the Montgomery GI Bill, rests with that agency rather than the Department of the Army.  He should continue to work with that agency to clarify his entitlements or request an exception to policy on this matter.  

5.  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.

NOTE:  A DD Form 2l5 (Correction to DD Form 2l4) should be issued to correct Item 12d of his DD Form 2l4, issued on 25 November l992, to show that he served for a period of 2 years, 11 months and 24 days between November l989 and November l992.   

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CMF__  __CLA___  _MHM__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014169	
SUFFIX		
RECON		
DATE BOARDED	19990819	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY WITH NOTE	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.01	
2.	113.00.	
3.		
4.		
5.		
6.