MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           3 June 2003                  
	DOCKET NUMBER:   AR2002082300

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. Smith		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 the reason and authority for his discharge be corrected from Dependency to Hardship.

APPLICANT STATES:  His father was 100 percent disabled when he was on active duty, and he was discharged to provide care for his father.  He is now unable to qualify for Department of Veterans Affairs (DVA) benefits because of the narrative reason and authority for his discharge.

In support of his request, he submits a letter from the DVA dated 9 October 2002, which informed the applicant that DVA medical benefits are limited to those soldiers who served 24 months of active duty unless discharged for hardship or disability.  The DVA continues that if the applicant’s reason for discharge was changed to hardship, he would be entitled to medical benefits.

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

He enlisted in the Regular Army on 17 January 1984.  He was awarded the military occupational specialty of combat engineer, and was promoted to pay grade E-2.

On 20 May 1985, the applicant submitted an FC Form 2202, Application for Hardship or Dependency Separation.  In that request, he stated that his father was in a “serious” state of health, and needed him back home to lift him and to help perform daily household chores.  In support of that request, the applicant’s mother submitted a statement saying that the applicant’s father had been having seizures and had fallen on several occasions.  Since he was too heavy for her to lift, her son’s presence at home would help improve the well being of both the applicant’s parents.

The applicant’s request was approved and he was honorably released from active duty on 3 June 1985.  His separation document shows that he was released from active duty due to dependency.

Army Regulation 635-200 dated 1 October 1982, paragraph 6-3, states that dependency exists when death or disability of a member of a soldier’s (or spouse’s) immediate family causes that member to rely upon the soldier for principal care or support.  This paragraph states that hardship exists when in circumstances not involving death or disability of a member of the soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue or genuine hardship.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was granted a discharge to provide physical aid to his father due to his father’s deteriorating health.  That scenario falls directly into the definition of dependency, that dependency exists when death or disability of a member of a soldier’s (or spouse’s) immediate family causes that member to rely upon the soldier for principal care or support.

2.  In order for the Board to change the applicant’s dependency discharge to a hardship separation, it would have to be shown that his discharge was based on circumstances not involving death or disability of a member of his immediate family, and that his discharge from the Service materially affected the care or support of his family by alleviating undue or genuine hardship.  There is no evidence or indication that this was the case with the applicant.

3.  While it is understandable that the applicant believes that his dependency discharge should be treated the same as a hardship discharge to qualify for DVA benefits, that is an issue that he must pursue with that Department, not the Army. The applicant was properly discharged due to dependency, not hardship.

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

___jhl ___  ____jlp __  ___pms _  DENY APPLICATION

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

INDEX

CASE ID	AR2002082300	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030603	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.