MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  1 August 2000
	DOCKET NUMBER:  AR2000039661

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs 		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Karol A. Kennedy		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 his son was enrolled into the Defense Eligibility Enrollment Reporting System (DEERS) effective 11 August 1997.

APPLICANT STATES: That he was erroneously charged for shipping of household goods which did not include the weight allowance for this dependent.  He indicates his orders were cut on 12 December 1996, while the child was not entered into DEERS until 11 August 1997.

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

The applicant was born on 2 February 1977.

On 3 June 1996, he enlisted in the Army Reserve Delayed Enlistment Program for a period of 8 years.

On 18 September 1996, he enlisted in the Regular Army for 3 years.  At the time of his enlistment, he indicated on DD Form 1966/1 (Enlistment Record) that his marital status was single and that he had no dependents.  At the same time, he indicated on his Questionnaire for a National Security Position that he had a son (different surname), born on 2 February 1973, and residing at a different address.

On 12 December 1996, US Army Engineer Center and Fort Leonard Wood Orders 347-691 directed his permanent change of station (PCS) to Fort Riley, Kansas.  The order did not include dependent travel.

On 9 May 2000, the Defense Finance and Accounting Service (DFAS), Indianapolis Center opined that there was no evidence that the child was the applicant’s dependent for travel purposes.

On 17 May 2000, the DFAS opinion was furnished to the applicant for his acknowledgment/rebuttal.  The applicant did not respond.

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, it is concluded:

1.  There is no evidence in the available records that the applicant had a valid dependent at the time of his PCS to Fort Riley.

2.  The Board notes that recognition by DEERS does not necessarily qualify a person for dependent travel.

3.  The Board also notes reconsideration will be given provided the applicant complies with the provisions of the DFAS opinion, dated 9 May 2000.

4.  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.

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

___dj__  ___el____  __kk____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039661	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
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         1.100	DEERS	
2.		
3.		
4.		
5.		
6.