| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: Reconsideration of his request for an upgrade of his dishonorable discharge.
APPLICANT STATES: That this Board helped him in 1980, but he still can't get Veterans Administration (VA) benefits.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 18 June 1980 (AC80-01791).
In support of his request, the applicant submits a certificate from The Adjutant General of the Army stating that the applicant was eligible for a complete and unconditional separation at the time of his honorable discharge on 15 February 1961.
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. The applicant erroneously believes that this Board upgraded his dishonorable discharge on 18 June 1980. This is not true; the Board concluded that the discharge was just and equitable. However, the Board noted that the applicant enlisted for 3 years on 9 January 1959, but took an honorable discharge on 15 February 1961 for the purpose of immediate reenlistment. This enlistment was not complete and unconditional because the applicant did not finish the full 3-year term.
2. The Board, in 1980, determined that the applicant's reenlistment on 16 February 1961, which ended with a dishonorable discharge, worked an injustice upon him by depriving him of certain VA benefits from his period of honorable service. The Board, therefore, recommended that the applicant's honorable discharge for service from 9 January 1959 to 15 February 1961 be considered complete and unconditional.
3. The VA, in determining qualifications for benefits administered by that agency generally holds that an individual who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until the VA or the Service Department determines that the early discharge amounted to a complete and unconditional separation from the service.
4. This Board concurs with the original findings and conclusions of the 18 June 1980 Board decision. The overall merits of the case, including the latest submission and argument is insufficient as a basis for the Board to reverse its previous decision.
5. 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___ __slp___ __eja___ DENY APPLICATION
| CASE ID | AR2002070035 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021024 |
| TYPE OF DISCHARGE | DD |
| DATE OF DISCHARGE | 19620127 |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.0000 |
| 2. | 110.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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