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Decision Text

ARMY | BCMR | CY1995 | 9511256C070209
Original file (9511256C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS: In effect, retirement pay and benefits for 16 years, 2 months and 6 days of active military service.

APPLICANT STATES:  In effect, that he was unjustly released from the military without receiving any counseling; that he suffered from depression, severe headaches, high blood pressure and that he received poor advise and therefore separated without pay or benefits.  

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

He was born on 22 January 1944.  He completed 12 years of formal education.  On 4 May 1962, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 133.60 (Armor).  The applicant service was continuos through reenlistment and extensions.  The highest grade he achieved was pay grade E-7.

On 8 June 1978, a medical examination found the applicant physically fit for retention.

On 10 July 1978, the applicant was honorably discharged, in pay grade E-7, under the provisions of Army Regulation 635-200, chapter 2, completion of the required military service (Expiration Term of Service).  He had completed 16 years, 
2 months and 6 days of creditable active service.  He was awarded the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal (5th award), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Overseas Service Bar and the Combat Infantryman Badge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement

2.  The applicant after serving over 16 years in the U.S. Army decided to end his military career.  There was no evidence in the applicant’s military record indicating that his decision to end his military career was made under coercion or duress.

3.  The contentions of the applicant has been noted by the Board. However, they are not supported by either evidence submitted with the application or the evidence of record. The discharge process was in accordance with applicable law and regulations and the applicant's service was appropriately characterized.

4.  In view of the foregoing, there is no basis for granting the applicant’s requests.

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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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