MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           8 November 2001           
	DOCKET NUMBER:   AR2001058913

	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. Rosa Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 Item 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the 60 days of accrued leave that he lost.

APPLICANT STATES:  In effect, that he received separation orders on 5 May 2001 with an effective separation date of 1 June 2001.  He had previously cashed in 60 days of accrued leave in 1992, so he was unable to do so again.  The speed at which the separation process moved precluded him from using his 60 days of accrued leave; thus he was forced to lose it.  He contends that staff personnel at the Transition Point informed him that there was nothing he could do about the leave that he lost.  He submits in support of his request a copy of his DD Form 214, his Leave and Earnings Statement (LES) for the pay period 1-31 April 2001, Orders Number C-05-701006 and Orders Number C-05-701007.  Both copies of the orders are dated 2 May 2001 and both are from the Department of the Army, US Army Reserve Personnel Command, St. Louis, Missouri.

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

He was a sergeant first class (SFC/E-7) in the United States Army Reserve (USAR) serving on active duty from 22 October 1989 - 1 June 2001.  He was separated with an honorable discharge on 1 June 2001 under the provisions of chapter 6, Army Regulation (AR) 635-200 by reason of hardship.

That prior to the period of enlistment under review, he had completed 4 years, 
9 months and 14 days of honorable active military service in the Regular Army (RA) and he had also completed 17 years, 6 months and 23 days of prior inactive service.  

The applicant's DD Form 214 shows that he reenlisted in the US Army Reserve (USAR) on 22 October 1989 and he served until he was honorably separated and transferred to the USAR Control Group, St. Louis on 1 June 2001 under the provisions of chapter 6, Army Regulation 635-200, due to hardship.  There is no further information contained in the applicant's file concerning the reason for discharge.

The applicant's LES for the period 1-30 April 2001 indicates that he had a leave balance of 77.5 days.  It also shows that he had already been paid for 60 days of leave.

Army Regulation 600-8-10, Leaves and Passes, prescribes the policies and mandated operating tasks for the leave and pass function of the Military Personnel System.  In essence, it provides two options for disposing of accrued leave upon separation.  The first is to take the accrued leave in the form of transition leave, and the second is to receive payment of accrued leave.  This option permits a soldier to cash leave up to a limit of 60 days one time during a military career.  Any leave not disposed of in these two ways is forfeited.

Army Regulation 635-5, Separation Documents, prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  There are no provisions for showing lost or forfeited leave on 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 applicant was separated under the provisions of chapter 6, AR 635-200, for hardship.  The regulation requires the soldier to make a request, in writing, for a hardship discharge.  It is unfortunate that the applicant forfeited accrued leave upon his separation; however, it was he who initiated the request for separation and who had previously requested and received payment for 60 days of accrued leave.  When his request for a hardship discharge was approved, he was without any options other than forfeiting his leave.

3.  AR 635-5 does not permit crediting accrued leave on DD Form 214.

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

___FNE _  ___BJE _  __KYF __  DENY APPLICATION

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

INDEX

CASE ID	AR2001058913	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011108	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010601	
DISCHARGE AUTHORITY		
DISCHARGE REASON	A35.00	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	121.0000	
2.		
3.		
4.		
5.		
6.