MEMORANDUM OF CONSIDERATION

IN THE CASE OF:      

BOARD DATE:           31 May 2000
DOCKET NUMBER:   AR2000037283

	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	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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: Reconsideration of his application to correct his records by showing he was paid for 63 days of accrued leave and that his severance pay was only $15,300.00 not $17,380.80

APPLICANT STATES:  In effect, that the Leave and Earnings Statements (LES) submitted show that he was paid for 63 days of leave.  He avers that this correction would affect the amount of his severance pay reducing it to $15,300.00

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 3 November 1999 (COPY ATTACHED).

The applicant submits copies of his LES for the period of 1-30 April 1985,          1-30 May 1985, a terminal disbursement document (DD Form 2139) for             1-7 June 1985 and three administrative or informational LESs for June, July and August 1985.  The leave balance shown as of 30 April LES is 54 days and 56.5 days as of 30 May 1985.

In block 17 the DD Form 2139 shows a leave balance of 57.5 days with an authorized disbursement of $2082.08 under the disbursement code number 63.  Mathematical calculations of this dollar amount indicate that this figure is correct for payment of 57.5 days leave for a service member in pay grade E-5 with over 4 years of service.  Block 25 also shows severance pay in the amount of $17,380.80.

These documents were not available to the Board previously and constitute new evidence that requires Board review.

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.  The applicant appears to be reading the disbursement code number 63 as indicating the number of days of accrued leave.  This is a misinterpretation on the applicant’s part.

2.  The applicant was not entitled to or paid for 63 days of accrued leave.  The record clearly shows that he was entitled to and paid for 57.5 days and that his severance pay was correct as listed at $17,380.80.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

___JEV _  __SK ___  ___JPI __  DENY APPLICATION

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

INDEX

CASE ID	AR2000037283	
SUFFIX		
RECON	 	
DATE BOARDED	20000531 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.08	
2.	128.14	
3.		
4.		
5.		
6.