MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 December 1999                  
	DOCKET NUMBER:   AR1999028633

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James P. Huber		Member	
	Mr. Arthur A. Omartian		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 paid for his accrued leave.

APPLICANT STATES:  That he was not paid for his accrued leave when he separated.

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

He enlisted in the Regular Army on 29 February 1968.

On 3 December 1969, the appropriate authority approved the applicant’s discharge under the provisions of Army Regulation 635-212 for unfitness.  Part of the elimination packet had been a psychiatric report that diagnosed the applicant with a character and behavior disorder.

On 18 December 1969, the applicant was discharged with a discharge under other than honorable conditions.

In 1978, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to honorable based upon the Nelson Memorandum, which specified that the presence of a personality disorder diagnosis would justify upgrade of a discharge to fully honorable except in cases where there are "clear and demonstrable reasons" why a fully honorable discharge should not be given.  On 24 October 1978, the applicant was notified that his discharge was upgraded and he should apply to the U. S. Army Finance and Accounting Center for any monetary benefits to which he may have been entitled by virtue of the change in his discharge.

The Department of Defense Financial Management Regulation states a member who is separated with a discharge other than honorable forfeits payment for accrued leave.

Title 32, U. S. Code, section 3702 prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues.

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.  The applicant’s administrative separation was accomplished in compliance with applicable regulations.  By reason of his receiving a discharge under other than honorable conditions he forfeited payment for any accrued leave.

3.  In 1978, the ADRB determined his discharge should be upgraded to honorable.  In correspondence to the applicant notifying him of the upgrade, a sufficient information was supplied to him to enable him to apply for payment of his accrued leave at that time.

4.  Title 32, U. S. Code, section 3702 prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues.  The applicant’s claim accrued in 1978 and he had until 1984 to claim payment for his accrued leave.  He provides no evidence to show he requested payment earlier than the date of this application, 28 June 1999.

5.  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

__rvo ___  __jph ___  __aao ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028633	
SUFFIX		
RECON		
DATE BOARDED	19991208	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.