MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 January 2000                  
	DOCKET NUMBER:   AR1999033325

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 his discharge orders be amended to show his discharge date as 14 June 1982.

APPLICANT STATES:  That he was in drill status up until 14 June 1982.  Supporting evidence is as listed on the DD Form 149 (except the leave and earnings statement (LES) for the month of June 1982 is missing).

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from documents provided by the applicant and from the Defense Finance and Accounting Service (DFAS).

The applicant was a member of the U. S. Army Reserve.  His LESs for the periods December 1981 through May 1982 indicate he performed no drills for those months. 

A letter dated 20 May 1982 from the applicant’s unit informed him that it was impossible to give him a discharge or clearance from the unit to join another unit or branch of the military service at that time and he was directed to begin attending scheduled unit drills.

The applicant’s LES for the month of June 1982 shows he performed no drills for that month.

On 14 June 1982, Headquarters, First U. S. Army published orders discharging the applicant from the Ready Reserve with an effective date of 20 December 1981.

The applicant’s LES for the month of July 1982 shows he was retroactively separated effective 20 December 1981.

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 the aforementioned requirement.

2.  Although the 20 May 1982 letter from the applicant’s unit indicates it was 
impossible to give him a discharge at that time, his LESs show that he had not attended drills since at least December 1981.  It was his unit’s higher headquarters that published his discharge orders.  The applicant’s July 1982 LES confirmed that he was retroactively discharged.

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

__jns___  __inw___  __lls___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033325	
SUFFIX		
RECON		
DATE BOARDED	20000112	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.