MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            11 August 1999
	DOCKET NUMBER:   AR1999014697

	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. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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 her report of separation (DD Form 214) be corrected to reflect her pay grade as E-5 and that her separation pay be calculated based on 10 years and 7 months of Active Federal Service (AFS).

APPLICANT STATES:  That at the time of her separation under the Voluntary Separation Incentive Program (VSIP), she was supposed to have been separated in the pay grade of E-5; the highest grade she held while on active duty.  She also states that her separation pay under the Special Separation Benefit (SSB) option of the VSIP was incorrectly computed based on 10 years and 6 months when in fact it should have been computed based on 10 years and 7 months of AFS.

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

The applicant initially enlisted in the Regular Army on 23 September 1980 for a period of 3 years and training as a motor transport operator.  She served until she was honorably released from active duty on 22 September 1983 and was transferred to the USAR.

On 2 October 1984 she again enlisted in the Regular Army for a period of 4 years and assignment to Europe.  She remained on active duty through a series of reenlistments and was promoted to the pay grade of E-5 on 1 April 1989.

On 1 August 1990 nonjudicial punishment was imposed against her, which resulted in her being reduced to the pay grade of E-4.

On 6 January 1992, while serving in the pay grade of E-4, the applicant submitted a request for separation from the service under the SSB option of the VSIP.  The appropriate authority approved her request on 3 February 1992.

Accordingly, the applicant was honorably released from active duty in the pay grade of E-4 on 30 April 1992 under the provisions of Army Regulation 635-200, paragraph 16-8, under the SSB option of the VSIP.  She had served 10 years, 6 months and 29 days of total active service and was paid $22,986.18 in separation pay.  She was transferred to the USAR Control Group (Reinforcement).

Department of the Army Circular 635-92-1 provides the policies and guidance for computing separation pay.  It states, in pertinent part, that in determining a soldier’s years of active service for the purpose of computing separation pay, each full month (30 days) of service that is in addition to the number of full years is counted as one-twelfth of a year and any remaining fractional part of a month (less than 30 days) is disregarded. 

Title 10, United States Code,  provides, in pertinent part, that enlisted personnel may be advanced in grade on the Retired list to the highest grade satisfactorily held, as determined by the Secretary of the Army, upon completion of 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired).

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.  In order to be advanced to highest grade held while on active duty, the applicant would have to have been eligible for retirement and have 30 years of service which could have been both active and service in the USAR Control Group (Retired).  There are no provisions for advancement to the highest grade held while on active in any other circumstances.  The applicant has not submitted evidence with her application, and the evidence of record does not contain any evidence to show that she was serving in a higher grade than she was separated with or that she was entitled to a higher grade at the time of separation.  Therefore, there is no basis to promote her to a higher grade.

3.  Likewise, the evidence of record shows that she had 10 years, 6 months, and 29 days of total active service.  Therefore, her service was properly computed for separation pay based on 10 years and 6 months of service and she has presented no evidence to show that she is entitled to credit for additional service.

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

__jhk ___  ___wm __  ___jpi___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014697	
SUFFIX		
RECON		
DATE BOARDED	1999/08/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189 	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.