MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 March 2003      
	DOCKET NUMBER:   AR2002077224

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Raymond V. O'Connor		Member	
	Ms. Eloise C. Prendergast		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 he be paid the amount of separation pay shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests entitlement to Transition Assistance Management Program (TAMP) benefits and award of the Southwest Asia Service Medal.

The Army Board for Correction of Military Records considered the applicant's request for award of the Southwest Asia Service Medal in an earlier application.  

APPLICANT STATES:  In effect, that he did not receive the amount of separation pay shown on his DD Form 214 when he was separated.  He contends that he received $2907 instead of $8041.95.  He also contends that TAMP benefits were authorized but were never given because the amended discharge orders did not include entitlement to TAMP benefits.  In support of his application, he submits a letter of explanation, dated 20 July 2002; a copy of his DD Form 214; a military pay voucher, dated 12 November 1996, for casual pay in the amount of $2907; and Orders 305-01, dated 31 October 1996. 

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

The applicant enlisted on 8 January 1988, served as a respiratory specialist and was honorably discharged on 13 November 1996.

The additional instructions on Orders 229-03, dated 16 August 1996, show that the applicant is entitled to half separation pay in accordance with 10 U.S. Code 1174.

Item 18 (Remarks) on the applicant's DD Form 214 shows, in pertinent part, the entry, "SEPARATION PAY - $8041.95."

The applicant's pay records at the Defense Finance and Accounting Service in Indiana show that Federal and state taxes were withheld from the amount of separation pay shown on his DD Form 214.  Also, his pay records show that a reenlistment bonus in the amount of $3643.96 was recouped from the amount of separation pay shown on his DD Form 214.    

In support of his claim, the applicant provided a military pay voucher for casual pay in the amount of $2907.00, dated 12 November 1996.

The additional instructions on Orders 229-03, dated 16 August 1996, show entitlement to the TAMP and provides instructions for information on benefits and services.  

Orders 305-01, dated 31 October 1996, amended Orders 229-03 pertaining to the applicant's reporting date, his date of discharge and the available date for Army use.
There is no evidence in the available records that shows the applicant was not authorized TAMP benefits.

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.  The Board considered the applicant's contention that he did not receive the amount of separation pay shown on his DD Form 214.

2.  The applicant's DD Form 214 shows the entry, "SEPARATION PAY - $8041.95."

3.  The applicant's pay records show that Federal and state taxes were withheld and a $3643.96 reenlistment bonus was also recouped from the amount of separation pay shown on his DD Form 214.      

4.  Based on the available records, it appears the applicant received separation pay minus the appropriate deductions for taxes and the reimbursement of a reenlistment bonus.  

5.  There is insufficient evidence to show the applicant did not receive the amount of separation pay to which he was entitled.  Therefore, there is no basis for granting the applicant's request that he be paid the amount of separation pay shown on his DD Form 214.  

6.  The Board noted the applicant's contention that TAMP benefits were never given because his amended discharge orders did not include entitlement to TAMP benefits.  However, the evidence of record does not support this contention.

7.  The applicant's discharge orders, dated 16 August 1996, show entitlement to the TAMP and provides instructions for information on benefits and services.  

8.  The applicant's amended discharge orders, dated 31 October 1996, did not change his entitlement to TAMP benefits.  Therefore, the applicant was entitled to TAMP benefits at the time of his discharge on 13 November 1996.  
       
9.  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.

10.  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

JL_____  RVO____  ECP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002077224	
SUFFIX		
RECON		
DATE BOARDED	20030327	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.1400	
2.		
3.		
4.		
5.		
6.