IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080009464
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he be afforded separation pay in connection with his 18 June 2006 honorable discharge.
2. The applicant states, in effect, that the bar to reenlistment that was imposed against him prior to being processed for separation, due to misconduct by commission of a civil offense should have been removed from his record. He states, "I should have been given the compensation package for my 13 years of service. I was told recently that I should have received the compensation package that is given to every soldier after they are Honorably Discharged."
3. The applicant provides a copy of an undated memorandum from the Commanding General, U.S. Army Alaska.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the United States Army Reserve (USAR) from February 1984 to April 1987 including three-and-a half months of initial active duty for training. He enlisted in the Regular Army on 7 February 1995. Although his prior USAR service is not shown in item 7a of his enlistment document it is listed in items 24a and 25a
2. On 16 June 2006 the applicant was separated from active duty as a sergeant, pay grade E-5. He received an honorable discharge due to the completion of required service. He had 11 years and 24 days of creditable service and lost time from 20 October 2001 to 14 June 2002 and from 17 March to 8 June 2004.
3. The undated memo from the commanding general directed that the applicant not be separated for misconduct due to a civil conviction.
4. Title 10, United States Code section 1174b applies to enlisted members and states: "A regular enlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay."
DISCUSSION AND CONCLUSIONS:
The applicant was discharged at and for the completion of his required service. There is no available evidence that his separation was involuntary or that he was denied enlistment.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009464
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ABCMR Record of Proceedings (cont) AR20080009464
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