MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            14 April 1999                  
	DOCKET NUMBER:   AC98-06099
				   AR1999016499

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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, military pay and allowances for the month of December 1985, to include accrued leave and travel pay.

APPLICANT STATES:  While he was resolving a problem with the VA concerning recoupment of a portion of his VA compensation with an official of the Army Reserve Personnel Center at St. Louis, that official also notified him of the correct amount of his severance pay, and that that amount did not include final payment, allowances, accrued leave, etc.  He believes that he did not receive his final payment for December 1985 nor payment for accrued leave, allowances, etc.

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

The applicant was discharged from the Army in the grade of E-4 on                    31 December 1985 because of physical disability.  He had 6 years, 7 months, and 13 days of service, and received physical disability severance pay in the amount of $13,855.80.  On 17 June 1996 his DD Form 214 was corrected to show that his severance pay was $13,462.60.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Defense Finance and Accounting Service (DFAS) at Denver.  That agency enclosed a copy of his military pay voucher awarding him the disability severance pay, and his military pay voucher for the pay period              1-31 December 1985.  That agency opined that the applicant did receive all pay due him, including accrued leave and travel pay and recommended denial of the applicant’s request.  A copy of this opinion was furnished the applicant on          13 January 1999 for information and possible rebuttal.  He has not responded.

The applicant’s pay voucher shows that he received disability severance pay in the amount of $13,855.80.  The applicant signed that voucher.  The applicant’s pay voucher for 1-31 December 1985 shows that he received basic pay in the amount of $989.70 for that month, that he received $1154.64 for 35 days of accrued leave, that he received other allowances as indicated on that voucher, to include cost of living allowance (COLA), basic allowance for quarters (BAQ), subsistence allowance, uniform and clothing monetary allowance, variable housing allowance (VHA), and per diem, among other payments.  That voucher also shows that he received a transportation request (TR) from Oakland, California to his mailing address in Detroit, Michigan.  The applicant signed the voucher.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant received pay and allowances for December 1985, to include pay for accrued leave.  He signed  the military pay voucher accepting the payment, and It appears that he has received all that was due him.  The applicant’s contentions are unproven.  

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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.

4.  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

___klw__  ___aao___  __tbr___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-06099/AR1999016499	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.128.00		
2.		
3.		
4.		
5.		
6.