MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002071997

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur O. Omartian		Member	
	Mr. Raymond J. Wagner		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 her Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show her rank and grade as Private, E-2 (PV2).  She also requests that she be paid the 12.5 days accrued leave her DD Form 214 says she was paid.

APPLICANT STATES:  That she was a PV2 when she was discharged from Fort Meade, MD.  Also, she was never paid for her 12.5 days of accrued leave.  She provides her DD Form 214 as supporting evidence.

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

She enlisted in the U. S. Army Reserve (USAR) on 1 April 1982.  She was ordered to initial active duty for training (IADT) on 7 May 1982 and was released from IADT on 1 October 1982.  Her DD Form 214, items 4a and 4b show her rank and grade as Private, E-1 and item 17 shows she was paid for 12.5 days of accrued leave.  She signed the DD Form 214.  

The applicant’s Personnel Qualification Record, DA Forms 2 and 2-1, show that she was advanced to PV2 effective 4 January 1983.  Orders D-03-026937, U. S. Army Reserve Personnel Center dated 30 March 1988 show she was discharged from the USAR on 31 March 1988 in the rank of PV2.  

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

Records at the Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) show that the applicant was paid, on 1 October 1982, $229.75 for 12.5 days of accrued leave.  She signed the payment voucher.  A supplemental voucher later paid her an additional $9.25 for 12.5 days of accrued leave for the rate difference between the old fiscal year and the new.

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’s DD Form 214 was meant to be only a record of her period of IADT.  Since she was not advanced to PV2 until after she was released from IADT, her DD Form 214 correctly shows her rank and grade as Private, E-1.

3.  Records at DFAS-IN show that she was paid in full for 12.5 days of accrued leave when she was released from IADT.

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

__KAK__  __AOA__  __RJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071997	
SUFFIX		
RECON		
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	128.00	
3.		
4.		
5.		
6.