MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 April 2002
	DOCKET NUMBER:   AR2002067457

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 that he was discharged on 2 January 2000 instead of 8 December 1998.   

APPLICANT STATES:  That his expiration of term of service (ETS) was 8 December 1999; however, he did not finish clearing post and actually did not get out until 2 January 2000.  He goes on to state that he was supposed to appear before a medical board but it was disapproved due to the time he had left in the service and did not get his separation orders until 8 December 1999.  He was granted a 30-day extension to clear and he never thought anything about it until he received a charge for occupying government housing after his ETS, which he just discovered during tax time.  He was informed by officials at the Veterans Administration to apply to the Board to have his records corrected.

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

He enlisted in Montgomery, Alabama, on 7 November 1985 for a period of 3 years and training as a food service specialist.  He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-5 on 1 November 1990.

On 8 December 1994, he reenlisted for a period of 4 years and assignment to Alaska.  He was transferred to Alaska on 26 October 1995.

On 3 December 1998, the applicant completed a Transition Center questionnaire in which he indicated that his ETS was 7 December 1998, that he had been flagged since June 1998 (records show flagged for overweight), and that he intended to sell back 41 days of accrued leave.

Orders were published on 4 December 1998, which directed his discharge on 8 December 1998, due to ETS.  Accordingly, he was honorably discharged on 8 December 1998, was paid for 41 days of accrued leave and he signed his report of separation (DD Form 214) to that effect.

A review of his records fails to show any indication that he was granted an extension of service or was held till 2 January 2000.  The last ETS date indicated in his records was 8 December 1998.

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 evidence of record shows that the applicant’s ETS was 8 December 1998, the date he was honorably discharged, as indicated in his discharge orders and the DD Form 214 that he authenticated with his signature.  Accordingly, absent proof to show that he was extended past his ETS as he claims, the Board finds no basis to change his discharge date.

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

___ao___  __teo ___  ___hof __  DENY APPLICATION

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

INDEX

CASE ID	AR2002067457	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  190	110.0100/CHG DISCH DATE	
2.		
3.		
4.		
5.		
6.