MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2000                   
	DOCKET NUMBER:   AR2000035855

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 records be corrected to show he received an early retirement.

APPLICANT STATES:  That his commander denied his request for reenlistment when he had over 17 years service.  He believes it was because he had a thyroid condition and it was hard for him to maintain his weight but his last three         non-commissioned officer evaluation reports (NCOERs) show he always met the body fat standards and he always passed his Army Physical Fitness Tests.  He believes that, being in the 101st Airborne Division, this was not good enough for the commander.  He was denied the chance for retirement because his military occupational specialty (MOS) was in a shortage status.  He waited to apply to the Board until all of the half-separation pay that he was given was deducted from his disability pay.  

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

He enlisted in the Regular Army on 9 August 1977.  He completed basic training and attended 11C, Infantry Fire Direct advanced individual training but all his assignments (except for one 3-year period as a recruiter) have been in field artillery positions.  At some early point he was awarded MOS 13F, Fire Support Specialist.  He was promoted to Staff Sergeant (SSG), E-6 on 1 August 1981.

The applicant last reenlisted on 15 December 1989 for 5 years making his expiration term of service (ETS) 14 December 1994.  

The applicant’s last three NCOERs show that he met body fat standards.  His NCOER for the period ending October 1994 includes the comment “documented thyroid condition prevented weight loss.”  There is no evidence of record to show he was flagged for overweight or for any other reason.  His DA Form 2A, Personnel Qualification Record part I dated 7 September 1994 shows his reenlistment eligibility/ineligibility code as “10,” eligible for reenlistment.

On 14 December 1994, the applicant was discharged under the provisions of chapter 4, Army Regulation 635-200, completion of required active service.  He had completed 17 years, 4 months and 6 days of creditable active service.  His DD Form 214, Certificate of Release or Discharge from Active Duty shows he received half separation pay of $19,606.08 and his reentry code as RE-3, disqualified for reenlistment but the disqualification was waivable.  

There is no DA Form 3340, Request for Reenlistment available to show the applicant requested reenlistment and was denied.

The Department of Defense Financial Management Regulation (DoDFMR) states that half payment of nondisability separation pay is authorized to service members of the Regular and Reserve components who are involuntarily separated form active duty and who meet each of the following four conditions:
(1) has completed at least 6 but less than 20 years of active service; (2) his or her separation is characterized as honorable or general; (3) is being involuntarily separated through denial of reenlistment under certain specific conditions to include not being fully qualified for retention and denied reenlistment due to expiration of service obligation, selected changes in service obligation, convenience of the government, homosexuality, drug or alcohol abuse rehabilitation failure, security or weight control failure; and (4) has entered into a written agreement to serve in the Ready Reserve (this condition may be waived).

Soldiers holding MOS 13F were not authorized to apply for early retirement in either fiscal year 1993 (the first year the program was offered) or 1994.

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 this requirement and, in the absence of evidence to the contrary, it is presumed that his separation was made in accordance with law and regulations applicable at the time.

2.  The Board notes that there is no evidence of record to show that the applicant had a bar to reenlistment and in fact his DA Form 2A shows the contrary.  However, there is also no DA Form 3340 or other documentation to show that the applicant requested reenlistment and that his commander erroneously denied him reenlistment. 

3.  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

__mdm___  __wtm___  __clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000035855	
SUFFIX		
RECON		
DATE BOARDED	20000622	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	136.05	
2.		
3.		
4.		
5.		
6.