MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 August 1999                  
	DOCKET NUMBER:   AR1999014954

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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, that he receive retirement point credit and pay for eight drill periods that he attended before he was discharged from the ARNG.  In effect this is also a request for forgiveness of the debt incurred based on the effective date of his discharge.

APPLICANT STATES:  That his discharge shows an earlier effective date of separation and he was present at the March and April training.  Now they want him to return that drill pay.  He submits a copy of his letter to his unit for assistance in support of his application.

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

He enlisted in the ARNG on 29 August 1987 with over 6 years prior active service.  He was promoted to grade E-5 effective 16 January 1991.  Although the available record shows that the expiration of his term of service (ETS) was 28 August 1996, he was discharged effective 28 February 1997 by reason of ETS.

The applicant’s available record does not contain any copies of the possible source documents to show that he attended training in a pay status during the months of March and April 1997.  The applicant provides no pay or retirement point records such as the DA Form 1379 for unit attendance or his leave and earnings statement (LES).

The letter from the applicant to his former unit is a request for his unit to change his separation document because he has been asked to return his last two months drill pay.

Legal rulings obtained by this Board in similar cases have established that the authority of the ABCMR over ARNG matters is limited to those actions which affect the Guardsman’s status in the Reserve under Title 10, US Code.  The constitutional separation of powers prohibits the ABCMR from directing State Adjutants General from taking any type action that would require them to revoke, publish, or alter a document it has published on an ARNG member.

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.  Notwithstanding the lack of this Board’s authority to direct alteration of ARNG published documents, the applicant may reapply to this Board for debt forgiveness if he is able to obtain copies of his pay or point statements for the period in question.

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

__mdm___  __aao___  __ewl___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014954	
SUFFIX		
RECON		
DATE BOARDED	19990805	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.