MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000042638

	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. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  In effect, that her Certificate of Release or Discharge from Active Duty, DD From 214, be corrected to show her separation date as     31 October 1982.

APPLICANT STATES:  That her correct expiration term of service (ETS) date was 31 October 1982.  A mistake was made during her outprocessing.  She provides her DD Form 214 and her separation orders as supporting evidence.

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

She enlisted in the Regular Army on 1 November 1979 for 3 years.  Her normal ETS would have been 31 October 1982.

Orders 187-63, Headquarters, 24th Infantry Division and Fort Stewart, Fort Stewart, GA dated 22 September 1982 assigned the applicant to the transfer activity effective 29 October 1982 with a date of relief from active duty of           29 October 1982.  Those orders show her ETS as 29 October 1982.  Her DD Form 214, item 12b shows her separation date as 29 October 1982.  The applicant signed her DD Form 214.

The calendar for 1982 shows that 29 October 1982 fell on a Friday and that      31 October 1982 fell on a Sunday.

Army Regulation 635-200 governs the separation of enlisted personnel.  Chapter 4 provides that a soldier enlisted to active duty will normally be discharged or released from active duty on the date he or she completes the period for which enlisted.  Some soldiers’ term of service expires or they otherwise become eligible for discharge or release from active duty on a Saturday, Sunday, or legal holiday.  These soldiers may consent to be discharged or released to or transferred to the U. S. Army Reserve on the last working day before their normal date of discharge or release.  The actual date of release or discharge will be recorded in item 12b of the DD Form 214.

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.

2.  The evidence of record shows the applicant was scheduled for separation on 29 October 1982.  Her normal ETS, 31 October 1982, fell on a Sunday.  In the absence of evidence to the contrary, the Board presumes the applicant consented to her release from active duty on the last working day prior to her normal ETS.  This in effect changed her ETS to 29 October 1982 as a convenience to the Government.  There is no error in her records.

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

__hof___  __jpi___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042638	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.