PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 September 1999                   
	DOCKET NUMBER:   AR1999018016

	I certify that hereinafter is recorded the true and complete record of the proceedings 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. Margaret K. Patterson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that block 18 of his DD Form 214 be corrected by adding the phrase “Member was released early for the convenience of the Government.”

3.  The applicant states that due to the wrong expiration term of service (ETS) date being entered into the computer, he was separated 3 months early.  The error was not caught until he had already cleared the installation.  This error has caused his unemployment insurance to be denied.

4.  The applicant’s military records are not available.  The information contained herein was obtained from alternate sources.

5.  The applicant enlisted in the Regular Army on 7 August 1995 for 3 years.  Apparently, his ETS was entered as 5 May 1998 instead of 6 August 1998.  Apparently, the applicant had already cleared the installation preparatory to ETSing when the Total Army Personnel Command (PERSCOM) approved his early separation under the provisions of Army Regulation 635-200, Chapter 5-3, Secretarial Authority.  

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-3, provides that the separation of soldiers for the convenience of the Government is the prerogative of the Secretary of the Army.  The separation of any soldier of the Army under this authority will be based on a Secretary of the Army determination that separation is in the best interests of the Army.

CONCLUSIONS:

1.  While there is no error on the applicant’s DD Form 214, the fact that he was erroneously separated 3 months prior to completion of his normal ETS, through no fault of his own, is causing him problems in drawing unemployment insurance. It would be in the interest of justice to show that his early release was for the convenience of the Government.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing he was released early for the convenience of the Government and by 

adding the phrase “Member was released early for the convenience of the Government” to block 18 of his DD Form 214.

BOARD VOTE:  

__mkp___  __clg___  __jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018016	
SUFFIX		
RECON		
DATE BOARDED	19990922	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.