MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           08 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002068602

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by changing his date of discharge to include 11 days of accrued leave (which the applicant refers to as sick leave). 

APPLICANT STATES:  That he was discharged from active duty early because he had accumulated 11 days of sick leave.  He wants those 11 days added to his discharge date changing it from 9 May 1967 to 20 May 1967.  He currently teaches school in Texas and is ready to retire, however in order for him to purchase a year in the Texas Teacher Retirement System he needs to have served on active duty from 10 January 1967 to 15 May 1967.  In support of his request the applicant submits a copy of his DD Form 214.

COUNSEL CONTENDS:  Counsel makes no contentions.

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

The applicant enlisted in the Army National Guard (ARNG) on 1 August 1967 for a period of 6 years. 

The applicant was ordered to active duty for training on 10 January 1967 and remained on active duty until he completed his required training on 9 May 1967.  His DD Form 214 indicates he had 4 months of creditable service and was paid for 11 days of accrued leave. 

On 31 July 1971, he was honorably discharged from the Texas Army National Guard.  His NGB Form 22 (National Guard Bureau Report of Separation) shows he had 6 years of creditable service. 

Army Regulation 600-8-10 serves as the authority for leaves and passes.  It states, in pertinent part, that soldiers on active duty, initial active duty for training, or active duty for training for a period of 30 or more consecutive days, earn 30 days of leave a year with pay and allowances at a rate of 2.5 days per month.  While the intent of the Army's annual leave program is designed to allow soldiers to use their authorized leave prior to separation, an individual's established separation date may only be extended for soldier pending physical disability processing, to allow them to use their accrued leave as transition leave, provided they cannot sell or cash in leave to the Government.  Payment of accrued leave is limited to 60 days one time during a military career.

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 evidence in the available records to substantiate the applicant’s claim that he was separated early because of his 11 days of accrued leave.  In fact, there are no provisions that allow an adjustment of a soldier's separation date based on accrued leave, except in cases of individuals pending physical disability processing who cannot sell or cash in leave due to the 60 day limitation. Because the applicant would have been in a training environment, he would have been precluded from taking leave under the annual leave program and as such was compensated upon his separation for his unused accrued leave.

2.  The applicant’s DD Form 214 clearly shows that he was appropriately paid for the 11 days of leave he accrued while on active duty.   

3.  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 that requirement.

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

__JLP  __  __MHM  _  __JEA  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002068602	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021008	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.