MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 April 2002                   
	DOCKET NUMBER:   AR2002066436

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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:  That his records be corrected to show he was entitled to special duty pay, jump pay, and dive pay during the period May – October 2000.

APPLICANT STATES:  That he was entitled to special duty pay, jump pay, and dive pay.  He was assigned to the 5th Special Forces Group (Airborne) and he provides orders to show he performed duties as a combat diver and was authorized jump pay.

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

He enlisted in the Regular Army on 3 November 1980.  He was promoted to Sergeant First Class, E-7 on 1 October 1996 in military occupational specialty 18D (Special Forces Medical Sergeant).  He was assigned to the 5th Special Forces Group (Airborne), Fort Campbell, KY on or about February 1994.

Orders 069-04, Headquarters, 5th Special Forces Group (Airborne) dated 10 May 1994 required the applicant to perform hazardous duty (combat diver duty).  Company C, 3d Battalion, 5th Special Forces Group (Airborne) memorandum for record dated 9 December 1999 exempted him from the three-month jump requirement and directed that he continue to receive Hazardous Duty Pay.

The applicant retired on 1 December 2000.  On 15 November 2001, the Defense Finance and Accounting Service informed the applicant that they reexamined his account and determined that his principal debt balance of $3,180.93 due to collection of Parachute Pay and Special Duty Pay for the period 1 May to          31 October 2000 and Dive Pay for the period 2 May 2000 to 31 October 2000 was valid.  

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 applicant provides insufficient evidence on which to favorably consider his request.  

2.  The Board has considered the orders provided by the applicant but there is no evidence to show that these orders were not revoked at some later date.  Sworn statements or affidavits from company or battalion officials indicating the debt collection of his special pays was erroneous, that his special pay orders were never revoked, and that he continued to perform these specific duties until he retired are required before further consideration can be given in this case.  

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

__fne___  __bje___  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066436	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.