MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 September 2002
	DOCKET NUMBER:   AR2002075176

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 his Report of Separation from Active Duty, DD Form 214, be corrected to show his actual time served.

APPLICANT STATES:  That he completed basic training but one week before graduation he became engaged in a fight with his drill sergeant.  The drill sergeant hit him in the head with a rifle but wasn't charged or court-martialed.  He was hospitalized and subsequently transferred to Fort Smith, AR.  He is now a paraplegic and needs to have 90 days of wartime service in order to file for a non-service connected pension.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records (his service medical records are not available) show:

He enlisted in the Regular Army on 29 May 1974.  

On 13 June 1974, the applicant received a mental hygiene evaluation.  The evaluation revealed he had perceptual-motor difficulties.  He was found to be able to distinguish right from wrong and to adhere to the right and to have the mental capacity to understand and to participate in any action taken in his case.

On 17 June 1974, the commander initiated separation action on the applicant under the provisions of Department of the Army message 011510Z August 1973, Subject:  Evaluation and Discharge of Enlistees Before 180 Active Duty Days.  The commander noted the applicant's demonstrated severe social and emotional maladjustment to the military environment and that when counseled upon arrival in the unit the applicant stated he "can't take BCT."  The 2d endorsement to this separation action noted the applicant was being discharged in his 2d week of basic combat training.

On 17 June 1974, the applicant acknowledged notification of the action, did not desire counsel, did not desire to make a statement, and checked that he did not wish a separation medical examination.

On 19 June 1974, the appropriate authority approved the recommendation and directed the applicant be discharged and issued an Honorable Discharge Certificate.

On 25 June 1974, the applicant was discharged with an honorable discharge in pay grade E-1.  He had completed 27 days of creditable active service and had no lost time.

Department of the Army message 011510Z August 1973, Subject:  Evaluation and Discharge of Enlistees Before 180 Active Duty Days (later incorporated into Army Regulation 635-200, chapter 5) provided that commanders could expeditiously discharge members who lacked the necessary motivation, discipline, ability, or aptitude to become productive soldiers when those individuals were voluntarily enlisted in the Regular Army, Army National Guard or U.S. Army Reserve; were in basic training or in advanced individual training and had completed no more than 179 days active duty or initial active duty for training on current enlistment by the date of discharge; and demonstrated that they were not qualified for retention for reasons such as demonstrating character and behavior characteristics not compatible with satisfactory continued 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.  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.

2.  The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The evidence of record shows that the applicant enlisted on 29 May 1974 and was discharged from the Army on 25 June 1974, 27 days later.  There is no evidence to show he was transferred to Fort Smith, AR or elsewhere.  He provides no evidence to show that he served for more than 27 days.

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

__FNE __  __ BJE  _  __WDB __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002075176	
SUFFIX		
RECON		
DATE BOARDED	2002/09/10	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1974/06/25	
DISCHARGE AUTHORITY	AR 635-200 ch 5 .  .  .  .  .  	
DISCHARGE REASON	A25.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.