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Decision Text

ARMY | BCMR | CY2001 | 2001060395C070421
Original file (2001060395C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF
        


         BOARD DATE: 15 November 2001
         DOCKET NUMBER: AR2001060395

         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. Robert J. McGowan Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Stanley Kelley Member
Ms. Karen A. Heinz 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 DD Form 214, Report of Transfer or Discharge, be corrected to show that he served 90 days on active duty.

APPLICANT STATES: That he was separated "6 to 7 days before the 90 day requirement" because of medical reasons. He needs the 90 days in order to receive medical benefits.

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

He was inducted into the Army of the United States for 2 years on 14 January 1971. He was sent to Fort Polk, Louisiana for Basic Combat Training (BCT). On 25 March 1971, he requested discharge under the provisions of paragraph 5-9, Army Regulation 635-200, by reason of erroneous enlistment. Specifically, he indicated that he did not meet induction/enlistment medical standards as prescribed in chapter 2, Army regulation 40-501.

The applicant was separated on 6 April 1971 for medical reasons under the provisions of Army Regulation 635-200 [not further identified]. He had 2 months and 23 days of creditable 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. There is no error or injustice. The applicant was inducted and immediately sought discharge for medical reasons. His discharge was approved and he was separated with 2 months and 23 days of service. He did not serve 3 months and is not entitled to such a "correction."

3. Eligibility for veteran's benefits (to include medical benefits) does not fall within the purview of this Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance in that regard.

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

_INW___ ___SK ___ __KAH__ DENY APPLICATION



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




INDEX

CASE ID AR2001060395
SUFFIX
RECON
DATE BOARDED 20011115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY DIRECTOR
ISSUES 1. 110.0100
2.
3.
4.
5.
6.


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