MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 September 2000                   
	DOCKET NUMBER:   AR2000045241

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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 his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show he was eligible for Transition Assistance (health coverage) for 30 days after his expiration term of service (ETS).  

APPLICANT STATES:  That his DD Form 214 does not reflect his correct eligibility for benefits.

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

He enlisted in the Regular Army on 18 August 1992 for 4 years and 17 weeks.  On 6 November 1995, he requested a hardship discharge to take care of family problems.  His request was approved and on 14 November 1995 he was released from active duty for hardship reasons.  Neither his DD Form 214 nor his separation orders mention his entitlement to transition benefits.  His separation orders do state that he was not entitled to separation pay.

The U. S. Total Army Personnel Command (PERSCOM) verified on                  26 September 2000 that transition benefits were not authorized for a soldier who voluntarily separated.  A hardship discharge is a voluntary separation.  (An exception to the no-benefits-when-separation-was-voluntary rule was with separations under the Special Separation Benefits and Voluntary Separation Incentives Programs.  However, one of the eligibility requirements for both those programs was that a soldier have more than 6 years of active duty service.  Other restrictions/obligations were also imposed.)

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.  Guidance obtained from PERSCOM indicates that since the applicant was separated for voluntary reasons, i. e., he requested the hardship separation, he was not eligible for transition benefits.  The applicant has provided no evidence to show why he should have been eligible for the requested benefit.

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

__rvo___  __emw___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045241	
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.