MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            7 August 2001                  
	DOCKET NUMBER:   AR2001054005

	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. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. 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 separation document (DD Form 214) be corrected to allow her unemployment benefits.

APPLICANT STATES: That she believes the record to be in error or unjust in the following particulars: (1) “I am not being helped with the benefits of unemployment because of my DD 214”; (2) “I was given the opportunity to get out early and I took it”; (3) “I was never informed during my ACAP of the disqualification of being released early under Chpt 5-17”; (4) “I was released early with an honorable discharge”; (5) “I would appreciate it if someone would explain to me why it seems I’m being punished for something I had no knowledge of”; (6) “Why aren’t soldiers notify of the disqualifications that accompany this benefit (90-day release)”; (7) “Also, why does the military stress school and further your education while in the military, just to be treated like this”; (8) “I’m pretty much been left on the streets”; and, (9) “I’m very surprised to be treated like this when I served and am still serving the Government.”

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

During the period 12 March to 15 April 1997, she was in the Army Reserve Delayed Entry Program.

On 16 April 1997, she enlisted in the Regular Army for 4 years, in pay grade E-2, for specific military occupational training (MOS) training and a $3,000 enlistment bonus.  She completed her training and was awarded MOS 91B (Medical Specialist).

On 1 July 1999, she was advanced to pay grade E-4.

On 15 January 2001, she was honorably separated, in pay grade E-4, under Army Regulation 635-200.  Her separation document indicates she had 3 years and 9 months of creditable service.

She is currently serving in the Army National Guard.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), dated  1 November 2000 indicates, in pertinent part, that soldiers may be voluntarily discharged or released from active duty for the convenience of the Government, up to 90 days before the expiration of their term of service, in order to attend a specific term at a college, university, vocational school, or technical school.  Soldiers must apply and meet all criteria.

This Board operates under the standard of presumption of regularity in governmental affairs.  The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.
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.  There is no error or injustice in the available records of the individual concerned and she has not shown otherwise.  

2.  The applicant has not cited the benefits withheld from her based on her voluntary separation from active duty.  She requested and received an early separation from active duty to attend school.  It was approved and she was properly separated.  It is noted that she enlisted for 4 years and received a $3,000 enlistment bonus, and she was separated 3 months prior to the expiration of her term of service.  It is also noted she may be entitled to veteran benefits based on her honorable separation, and that she may contact the Department of Veterans Affairs for this purpose.

3.  This Board does not have jurisdiction to grant the apparent requested relief of unemployment pay.  Employment and unemployment of individuals is a matter for the appropriate state agency from which the individual concerned is a resident.  

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 and, in the absence of evidence to the contrary, it is presumed that her discharge was conducted in accordance with law and regulations applicable at the time.

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

_tbr____  _mkp____  __rks___     DENY APPLICATION

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

INDEX

CASE ID	AR2001054005	
SUFFIX		
RECON		
DATE BOARDED	20010807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.