MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 January 2001                  
	DOCKET NUMBER:   AR2000046925

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Wilcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman		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:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated from active duty on 23 March 1999.

APPLICANT STATES:  That he was actually separated from the service on 23 March 1999.  He also states that he was sent home on leave and he never received his DD Form 214 or separation date until 23 June 2000.

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

The applicant enlisted in the Army on 6 January 1998 for a period of four years.  He completed infantry training and was assigned to Fort Lewis, Washington.  The applicant was discharged from active duty on 23 June 2000 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

The applicant’s DD Form 214 shows he was separated from active duty on 23 June 2000 in item 12b (Separation Date This Period).

Headquarters, U.S. Army Armor Center and Fort Knox Orders Number 171-0159, dated 19 June 2000, discharged the applicant from active duty on 23 June 2000.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the separation date will be entered in the appropriate item 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.  Evidence of record shows the applicant served on active duty from 6 January 1998 through 23 June 2000.  His DD Form 214 properly reflects the correct date of separation as 23 June 2000.  

2.  The Board has determined that there is no error or injustice in the applicant’s records regarding his date of separation; therefore, he is not entitled to correction of his DD Form 214 to show his separation date as 23 March 1999 and his DD Form 214 is correct as currently constituted.

3.  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.

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

EMW____  DPH____  AMC____  DENY APPLICATION

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

INDEX

CASE ID	AR2000046925	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
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.	100.0000	
2.		
3.		
4.		
5.		
6.