MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  9 February 2000
	DOCKET NUMBER:   AR1999027080

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol J. Suiter		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 he be credited with an additional month active duty service.  In effect he is also requesting waiver of a debt to the Government.

APPLICANT STATES:  That he reenlisted for 1 month and his new expiration of term of service (ETS) was 4 August 1997.  He returned from Kuwait on 17 June 1997 and was scheduled to ETS on 4 July 1997.  This was not enough time for him to clear post properly and his request for a one month extension was granted.  Apparently the paper work was not correct and he now owes the US Government $1,800.  He submits a copy of his extension of enlistment in support of his application.

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

He enlisted and entered active duty on 22 March 1990.  He reenlisted effective 1 October 1993.  He was promoted to grade E-5 effective 23 September 1994 and again reenlisted for 2 years effective 5 July 1995, providing him an adjusted ETS of 4 July 1997.

His DA Form 2-1 (qualification record) shows that he served in Southwest Asia from 10 November 1990 to 26 March 1991, and in Germany from 6 November 1991 to 25 July 1993.

On 20 May 1997 orders were issued which reassigned the applicant from his unit to the Army transition point for separation processing with an ETS date of 4 July 1997.  On 1 July 1997 the applicant requested assignment to a USAR unit.  His ETS is shown as 4 July 1997.

A DA Form 1695 (oath of extension of enlistment) provided by the applicant states that he extended his enlistment on 3 July 1997 for a period of one month with a new ETS of 4 August 1997.  The form is signed by the applicant and a first lieutenant from his unit.

The applicant’s DD Form 214 shows that he was separated from active duty on 4 July 1997 with 7 years, 3 months, and 13 days creditable service and transferred to the USAR.  The narrative reason for his separation is shown as completion of required service and the remarks block does not show an extension or reenlistment beyond 4 July 1995.  He authenticated the DD Form 214 with his signature.

The applicant has provided no evidence of his alleged $1,800 debt to the Government for over payment.  There is no evidence in the available record of the debt or the reason for such a debt.

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.  Notwithstanding the one month extension of enlistment provided by the applicant, there is no evidence of record, or supplied by the applicant that he actually remained on active duty until 4 August 1997.

2.  There is no evidence of record and none provided by the applicant that his alleged debt to the Government is based on his contention that he served on active duty for one additional month but was not given credit for it.

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

________  ________  ________  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027080	
SUFFIX		
RECON		
DATE BOARDED	2000/02/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.	110.01	
3.		
4.		
5.		
6.