MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 July 2003
	DOCKET NUMBER:   AR2003084723

	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. John N. Slone		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. Thomas Lanyi		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, the removal of 4 days of lost time from his report of separation (DD Form 214).

APPLICANT STATES:  In effect, that he should not have been charged with 4 days of lost time due to excess leave because he did not take all of his required days of leave before reporting in on his first tour in Vietnam, two weeks before Thanksgiving and in his second tour, he remained in Vietnam 10 days past his expiration of term of service (ETS).  He also states that he was on temporary duty during most of November 1969 from Fort Hood, Texas, and was being treated for back problems.

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

He enlisted on 22 June 1966 for a period of 3 years.  He successfully completed his training and was transferred to Germany on 6 May 1967, for duty as a supplyman.  

He was honorably discharged on 19 October 1967, for the purpose of immediate reenlistment.  He reenlisted on 20 October 1967, for a period of 3 years and assignment to Vietnam.  He departed Germany on 9 November 1967 and reported to Vietnam on 15 December 1967.  He completed his tour in Vietnam on 14 December 1968 and was transferred to Fort Hood, Texas, on 4 February 1969.

On 14 April 1969, he was attached for duty at Fort Chaffee, Arkansas, where he remained in a temporary duty (TDY) status.  On 6 May 1969, he submitted a request for reassignment to Vietnam.  He remained at Fort Chaffee until he was returned to Fort Hood on 5 September 1969.

His request for assignment to Vietnam was approved and he departed Fort Hood on 25 October 1969.  He arrived in Vietnam on 29 November 1969 and served there until 9 October 1970, when he departed for Oakland Army Base, California.

On 10 October 1970, he was honorably released from active duty (REFRAD) as an early overseas returnee.  He had served 2 years, 11 months and 21 days of active service during his current 3-year enlistment and had a total of 4 years, 3 months and 18 days active service during his career.  His DD Form 214 issued at the time of his REFRAD indicates that he had 4 days of lost time due to excess leave at the time of his separation.  The period cited was 5 through 8 November 1969.

A review of the available records failed to show any indication of the facts and circumstances surrounding his excess leave, however, they do show that he was on leave en route to Vietnam during the period in question.

Army Regulation 635-5, in effect at the time, provided policy and procedures regarding leaves and passes.  It provides that excess leave would only be granted upon the request of the soldier and that the request must contain a statement which ensures that soldiers are aware that all periods of excess leave are without pay and allowances.  Excess leave is leave in excess of the amount that may be accrued during a soldier's current enlistment contract.  That regulation also provides that leave management is an individual soldiers responsibility.

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.  Although the Board does not have the applicant's finance records available to determine what his actual leave balance was at the time of his separation, the applicant has failed to show through the evidence submitted with his application or the evidence of record, that he was unjustly charged with 4 days of excess leave.  Accordingly, absent evidence to the contrary, the Board must presume that what the Army did at the time was correct.

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

__tdh ___  ____js___  ___tl  ___  DENY APPLICATION

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

INDEX

CASE ID	AR23003084723	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  252	121.0000/EXCESS LV ADJUST	
2.  189	110.0000/CORR 214	
3.		
4.		
5.		
6.