MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            10 November 1998
	DOCKET NUMBER:   AC97-11211

	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.	Calvin M. Fowler		Chairperson	
	Ms.	Irene N. Wheelwright		Member	
	Ms.	Margaret K. Patterson		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 the pay he deferred at the time of separation now be paid to him.

APPLICANT STATES:  That at the time he separated from the service he deferred receipt of his final pay and that his deferral is noted on the Report of Separation (DD Form 214) contained in his official records.  He further states that at the time he did not want his pay but he is now 65% disabled and now would like his pay.

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

The applicant enlisted with parental consent on 18 January 1973 for a period of 4 years, a cash enlistment bonus, and training as an armor crewman.  At the time of his enlistment he signed a statement indicating that he understood that if he failed to qualify initially for award of the designated military occupational specialty (MOS) of an armor crewman, he would not be paid a bonus.

On 12 February 1973, while still in basic training at Fort Dix, New Jersey, the applicant submitted a request for separation from the service for reasons of a physical condition that rendered him unfit for entry into the service and had it been known at the time, would have permanently disqualified him from entry into the service.

The appropriate authority approved his request for discharge and he was honorably discharged on 19 March 1973 under the provisions of Army Regulation 635-200, paragraph 5-9.  He had served 2 months and 2 days of total active service.

A review of the applicant’s official records to include his DD Form 214 fails to reveal that the applicant declined to accept his final pay at the time of discharge.

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.  The evidence of record shows that applicant was discharged for failure to meet medical fitness standards shortly after his entry on active duty.  There is no indication in his records to show that he deferred receipt of his final pay.  

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by the evidence submitted with his application nor the evidence of record. 

4.  Additionally, the Board notes that the applicant was not entitled to receive his enlistment bonus until such time as he became MOS qualified.  Therefore, he was not entitled to payment of an enlistment bonus.

5.  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

__cmf___  __inw ___  __mkp __  DENY APPLICATION

						Loren G. Harrell
						Director