MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 September 2001
	DOCKET NUMBER:   AR2001057685

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L.Santiful		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 5 April 2001 discharge date be changed to 24 April 2001.

APPLICANT STATES:  In effect, that his unit commander authorized him 20 days of permissive Temporary Duty (TDY), which should have resulted in an adjustment of his separation date to 24 April 2001.  

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

He served on active duty from 4 February 1999 until 5 April 2001, at which time he was honorably discharged, in the rank and pay grade of private/E-2.  

Orders Number 086-0004, dated 27 March 2001, issued by Headquarters, U.S. Army Air Defense Artillery Center & Fort Bliss, Texas, authorized the applicant’s transfer to the Transition Point for the purpose of transition processing and directed a discharge date of 5 April 2001, unless changed or rescinded. 

On 29 March 2001, the applicant’s unit commander signed a Request and Authority for Leave (DA Form 31), which authorized the applicant 20 days of permissive TDY, from 5 to 24 April 2001, in connection with his medical separation. 

On 5 April 2001, in accordance with the separation orders issued on 27 March 2001, the applicant was discharged and issued a properly constituted separation document (DD Form 214), which he authenticated with his signature in block 
21 (Signature of member being separated), thereby, verifying the information contained therein.  

There is no evidence of record that suggests the applicant ever submitted a request to change or rescind his authorized discharge date of 5 April 2001, subsequent to his unit commander approving the 20 days of permissive TDY, or that orders were ever published that authorized a change to his original discharge date.  Further, there is no indication that the applicant contested the 
5 April 2001 separation date at the time. 

The separation document confirms that on 5 April 2001, the applicant was honorably discharged, under the provisions of paragraph 4-24b(3), 
Army Regulation 635-40, by reason of physical disability with severance pay.  It also shows that at the time of his discharge he had completed a total of 2 years, 2 months, and 2 days of active military service. 

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.  The record confirms that the applicant’s unit commander authorized him 
20 days of permissive TDY in connection with his medical separation.  However, there is no indication that the applicant ever requested a change to his officially established discharge date of 5 April 2001, in order to avail himself of the opportunity to use this permissive TDY.  

2.  Further, there is no evidence that shows that the authorized discharge date, contained in Orders Number 086-004, was ever formally changed or rescinded prior to the applicant’s separation.  However, the record does include a properly constituted DD Form 214, signed by the applicant, that confirms he was discharged on 5 April 2001.  

3.  The applicant was discharged on the date established in the officially published discharge order in accordance with applicable regulations.  Thus, the Board finds no error or injustice related to his discharge date based simply on the fact he did not use the permissive TDY approved by his unit commander. 

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

__LLS___  __MHM___  __JTM___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057675	
SUFFIX		
RECON		
DATE BOARDED	2001/09/06	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2001/04/05	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	Disability with Severance Pay	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.