MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  11 July 2000
	DOCKET NUMBER:  AR1999034132

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John Saputo		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 indebtedness for repayment of mobilization insurance be dropped.

APPLICANT STATES: That he crushed his thumb during Operation Joint Endeavor.  He completed his full term of mobilization.  He was advised of his options and chose to be extended on active duty in a medical hold status.

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

On 19 December 1996, Permanent Orders 354-5, 1st Army, Fort Gillem, Forest Park, Georgia ordered the individual concerned to Fort Benning, Georgia for a period of 143 days and further deployment to an overseas area.  On 7 February 1997, Permanent Orders 38-6, amended order 354-5 to change 143 days to   270 days.

On 4 September 1997, a representative of the Patient Administration Division, Medical Department Activity, Fort Benning, Georgia signed a memorandum, subject: Retention on Active Duty, which indicated the individual concerned had a condition that requires follow up medical care at Fort Benning on active duty to receive medical treatment.

On 10 October 1997, he was medically cleared for release from active duty by the same organization.

On 27 October 1997, the applicant was released from active duty based on completion of his required active service.  His DD Form 214 indicates he had      9 months and 19 days of creditable service.

On 10 May 2000, the Office of the Chief, Army Reserve (OCAR) opined that there was no justification to approve his request.

On 12 May 2000, the OCAR opinion was furnished to the applicant for his acknowledgement/rebuttal.  The applicant did not respond.

Title 10, United States Code 12521(2) indicates, in pertinent part, that mobilization insurance covers only that period to which an individual is initially ordered to active duty.  Once a new order is issued extending that period to cover medical treatment, the member is ineligible to receive any further benefits because they would fail to meet both requirements for “covered service”.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The evidence of record shows the applicant’s period of active service was extended in order that he could receive medical treatment, thus making him ineligible for further mobilization insurance.

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 this 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

__rw___  __ra____  __js____ DENY APPLICATION

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

INDEX

CASE ID	AR1999034132	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000711	
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         1.100	Mobilization Insurance	
2.		
3.		
4.		
5.		
6.