APPLICANT REQUESTS: That his records be corrected to show that he served for 180 days on active duty.
APPLICANT STATES: That he was hospitalized in a VA Hospital at the time of his separation.
COUNSEL CONTENDS: Counsel was silent on the issues.
EVIDENCE OF RECORD: The applicants military and medical records show:
On 9 January 1976, the applciant enlisted in the Regular Army.
On 27 March 1976, after hearing a noise and thinking it was Viet Cong inflitrating his barracks, he threatened another soldier and had to be hospitalized for paranoid schizophrenia.
On 16 April 1976, Medical Board (MEBD) Proceedings indicated he had schizo-affective schizophrenia, chronic, severe. The MEBD recommended his case be seen by a Physical Evaluation Board (PEB).
On 28 April 1976, PEB Proceedings concurred with the MEBD and determined that his condition had existed prior to (EPTS), but had been aggravated by service. The PEB determined that he disability should be rated at 50 percent, less 30 percent for EPTS and a net rating of 20 percent. The PEB recommended he be released from active duty with severance pay and a 20 percent disability rating.
On 29 April 1976, the applicant concurred and waived a formal hearing.
On 27 May 1976, he was honorably discharged, under Army Regulation 635-40, based on his physical disability with severance pay. His Record of Service indicates that he had 4 months and 19 days of creditable service and 3 days of excess leave.
Army Regulation 635-5, Personnel Separations - Separation Documents, indicates, in pertinent part, that the Report of Separation will be completed for the period of service actually served.
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 the aforementioned requirement.
2. The evidence of record shows that the applicant only served for 4 months and 19 days, less 3 days of excess leave.
3. In view of the foregoing, there is no basis for granting the applicants request.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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