MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  16 May 2000
	DOCKET NUMBER:   AR1999024273

	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. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 his separation date on his separation document (DD Form 214) be changed to 31 August 1997 and his “Net Active Service This Period” include an additional 31 days.

APPLICANT STATES:  He believed that he would be on full-time National Guard duty until the end of August 1997.  He submits a copy of his July and August 1997 leave and earning statements (LES’s) and a copy of his DD Form 214 in support of his application.

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

He entered on active duty on 1 September 1996 on an Active Duty Guard/Reserve (AGR) tour and assigned to Headquarters, USA First Region (ROTC), Fort Bragg, North Carolina in the grade of major as a Professor of Military Science.

He was honorably separated on 31 July 1997 for completion of the required service and returned to the Connecticut Army National Guard.  His total net active service for this period was 11 months and 1 day.

His DD Form 214 shows the reason and authority for his separation was Army Regulation 600-8-24, Completion of Required Active Service.

He was erroneously paid for 1 through 31 August 1997.  Payments were retroactively collected back to 31 July 1997 by Defense Finance and Accounting Service.

The Chief, Personnel Division, Army National Guard, expressed the opinion that after a thorough review of the facts and the memorandum provided by the applicant, it was determined that there is no basis for his request.

The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 15 December 1999.  In his rebuttal dated 4 January 2000, the applicant states that he was on active duty orders covering the period 1 through 31 August 1997 and received active duty pay and other entitlements.  He further states that documentation he submitted clearly supports the fact that he served over 12 months of active duty and his DD Form 214 should be corrected to reflect this.  In support of his rebuttal he again submits a copy of his July and August 1997 LES’s. 

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.  In view of the circumstances in this case, the applicant is not entitled to correction to his separation date and total net active service on his separation documents.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contentions have been noted by the Board; however, they are not sufficiently supported by his records or his application.  The Board concludes that the applicant was separated for completion of required active service on 31 July 1997, and his DD Form 214 is correct.  He has not shown otherwise.

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

__AO___  __LE____  ___VC___  DENY APPLICATION

						Carl W. S. Chun
				       Director, Army Board for Correction
                                                                of Military Records

INDEX

CASE ID	AR1999024273	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.