| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Luther L.Santiful | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his 5 April 2001 discharge date be changed to 24 April 2001.
APPLICANT STATES: In effect, that his unit commander authorized him 20 days of permissive Temporary Duty (TDY), which should have resulted in an adjustment of his separation date to 24 April 2001.
EVIDENCE OF RECORD: The applicant's military records show:
He served on active duty from 4 February 1999 until 5 April 2001, at which time he was honorably discharged, in the rank and pay grade of private/E-2.
Orders Number 086-0004, dated 27 March 2001, issued by Headquarters, U.S. Army Air Defense Artillery Center & Fort Bliss, Texas, authorized the applicant’s transfer to the Transition Point for the purpose of transition processing and directed a discharge date of 5 April 2001, unless changed or rescinded.
On 29 March 2001, the applicant’s unit commander signed a Request and Authority for Leave (DA Form 31), which authorized the applicant 20 days of permissive TDY, from 5 to 24 April 2001, in connection with his medical separation.
On 5 April 2001, in accordance with the separation orders issued on 27 March 2001, the applicant was discharged and issued a properly constituted separation document (DD Form 214), which he authenticated with his signature in block
21 (Signature of member being separated), thereby, verifying the information contained therein.
There is no evidence of record that suggests the applicant ever submitted a request to change or rescind his authorized discharge date of 5 April 2001, subsequent to his unit commander approving the 20 days of permissive TDY, or that orders were ever published that authorized a change to his original discharge date. Further, there is no indication that the applicant contested the
5 April 2001 separation date at the time.
The separation document confirms that on 5 April 2001, the applicant was honorably discharged, under the provisions of paragraph 4-24b(3),
Army Regulation 635-40, by reason of physical disability with severance pay. It also shows that at the time of his discharge he had completed a total of 2 years, 2 months, and 2 days of active military service.
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 record confirms that the applicant’s unit commander authorized him
20 days of permissive TDY in connection with his medical separation. However, there is no indication that the applicant ever requested a change to his officially established discharge date of 5 April 2001, in order to avail himself of the opportunity to use this permissive TDY.
2. Further, there is no evidence that shows that the authorized discharge date, contained in Orders Number 086-004, was ever formally changed or rescinded prior to the applicant’s separation. However, the record does include a properly constituted DD Form 214, signed by the applicant, that confirms he was discharged on 5 April 2001.
3. The applicant was discharged on the date established in the officially published discharge order in accordance with applicable regulations. Thus, the Board finds no error or injustice related to his discharge date based simply on the fact he did not use the permissive TDY approved by his unit commander.
4. 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
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
__LLS___ __MHM___ __JTM___ DENY APPLICATION
| CASE ID | AR2001057675 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/09/06 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 2001/04/05 |
| DISCHARGE AUTHORITY | AR 635-40 |
| DISCHARGE REASON | Disability with Severance Pay |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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