| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Barbara J. Ellis | Member | ||
| Mr. William D. Barr | Member |
APPLICANT REQUESTS: That his Report of Separation from Active Duty, DD Form 214, be corrected to show his actual time served.
APPLICANT STATES: That he completed basic training but one week before graduation he became engaged in a fight with his drill sergeant. The drill sergeant hit him in the head with a rifle but wasn't charged or court-martialed. He was hospitalized and subsequently transferred to Fort Smith, AR. He is now a paraplegic and needs to have 90 days of wartime service in order to file for a non-service connected pension. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records (his service medical records are not available) show:
He enlisted in the Regular Army on 29 May 1974.
On 13 June 1974, the applicant received a mental hygiene evaluation. The evaluation revealed he had perceptual-motor difficulties. He was found to be able to distinguish right from wrong and to adhere to the right and to have the mental capacity to understand and to participate in any action taken in his case.
On 17 June 1974, the commander initiated separation action on the applicant under the provisions of Department of the Army message 011510Z August 1973, Subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days. The commander noted the applicant's demonstrated severe social and emotional maladjustment to the military environment and that when counseled upon arrival in the unit the applicant stated he "can't take BCT." The 2d endorsement to this separation action noted the applicant was being discharged in his 2d week of basic combat training.
On 17 June 1974, the applicant acknowledged notification of the action, did not desire counsel, did not desire to make a statement, and checked that he did not wish a separation medical examination.
On 19 June 1974, the appropriate authority approved the recommendation and directed the applicant be discharged and issued an Honorable Discharge Certificate.
On 25 June 1974, the applicant was discharged with an honorable discharge in pay grade E-1. He had completed 27 days of creditable active service and had no lost time.
Department of the Army message 011510Z August 1973, Subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days (later incorporated into Army Regulation 635-200, chapter 5) provided that commanders could expeditiously discharge members who lacked the necessary motivation, discipline, ability, or aptitude to become productive soldiers when those individuals were voluntarily enlisted in the Regular Army, Army National Guard or U.S. Army Reserve; were in basic training or in advanced individual training and had completed no more than 179 days active duty or initial active duty for training on current enlistment by the date of discharge; and demonstrated that they were not qualified for retention for reasons such as demonstrating character and behavior characteristics not compatible with satisfactory continued 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. The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
3. The evidence of record shows that the applicant enlisted on 29 May 1974 and was discharged from the Army on 25 June 1974, 27 days later. There is no evidence to show he was transferred to Fort Smith, AR or elsewhere. He provides no evidence to show that he served for more than 27 days.
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
__FNE __ __ BJE _ __WDB __ DENY APPLICATION
| CASE ID | AR2002075176 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/09/10 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1974/06/25 |
| DISCHARGE AUTHORITY | AR 635-200 ch 5 . . . . . |
| DISCHARGE REASON | A25.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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