MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 JULY 2003                  
	DOCKET NUMBER:   AR2003083382

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		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:  Separation pay.  

APPLICANT STATES:  That he did not receive separation pay as an other than Regular Army officer upon being twice non-selected for promotion by the Fiscal Year 2000 selection board.    

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

The applicant's DD Form 214 shows that he was released from active duty on      4 November 2000 at Fort Myer, Virginia, and transferred to the Army Reserve Support Center at Arlington, Virginia.  He had 11 years, 6 months, and 27 days of active service.  The authority for his release is shown as Army Regulation       600-8-24, paragraph 2-5 or 2-11, and the narrative reason for separation as miscellaneous/general reasons.  His separation code on his DD Form 214 is MND.

The applicant's Officer Evaluation Report for the 5-month period ending on        31 October 2000, a REFRAD (relief from active duty) report shows that he was a captain, assigned to the Center for Army Analysis (a field operating agency of the Chief of Staff of the Army) at Fort Belvoir, Virginia.

The applicant's Officer Evaluation Report immediately following, for the period    1 November 2000 through 31 October 2001 shows that the applicant was a major with a date of rank of 27 June 2001, who was assigned to the Army Reserve Control Group (AGR) (Active Guard/Reserve) with the Office of the Chief, Army Reserve.

A 26 July 2001 Total Army Personnel Command memorandum shows that the applicant was promoted as a Reserve commissioned officer of the Army in an AGR status effective and with a date of rank of 27 June 2001.

There is no evidence and the applicant has not provided any, to show that he was a two time non-selection for promotion to major.

Department of the Army Circular 635-92-1 outlines eligibility criteria for separation pay.  Separation pay is a contingency payment for an officer who is career committed but for whom a full military career may be denied.  It is designed to encourage him to pursue his ambition, knowing that if he is denied a full career under the competitive system, he can count on an adequate readjustment pay to ease his reentry into civilian life.  A soldier who is discharged or released from active duty at his own request is not eligible for separation pay. 

Army Regulation 600-8-24 provides for the discharge or release of officers on active duty.  Paragraph 2-5 of that regulation prescribes the rules for processing voluntary REFRAD due to personal reasons, and states that an officer may request REFRAD whenever such action is considered appropriate.        Paragraph 2-11 prescribes the rules for processing voluntary REFRAD essential to national interest, and states than an officer may request REFRAD to provide more valuable service (in civilian capacity) to the nation.  The request must be motivated by national interest and not personal desire.  

Army Regulation 635-5-1 provides for separation codes to be entered on the    DD Form 214.  The regulation depicts the separation code, MND, as a voluntary REFRAD for miscellaneous/general reasons.

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 is not entitled to separation pay.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

2.  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.

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

__MKP__  __WTM__  __TEO __  DENY APPLICATION

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

INDEX

CASE ID	AR2003083382	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030729	
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.	128.00	
2.		
3.		
4.		
5.		
6.