MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 January 2003
         DOCKET NUMBER: AR2002077937

         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Christopher J. Prosser		Member
Ms. Yolanda Maldonado		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)

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APPLICANT REQUESTS: In effect, that the narrative reason for his discharge be changed and his social security account number (SSAN) be corrected.

APPLICANT STATES: In effect, that the narrative reason listed on his separation document (DD Form 214) is incorrect and should read schizophrenia-affective disorder, paranoia. He also states that the correspondence pertaining to him that was sent from this Board to his Senator, dated 31 July, 2002, listed an incorrect SSAN on him. In support of his application, he submits a copy of his Veterans Administration Rating Decision (VA Form 21-6796) and his DD Form 214.

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

On 6 May 1970, the applicant was inducted into the Army for a period of 2 years.
The highest rank he attained while serving on active duty was private/E-1, and his record documents no specific acts of valor, significant achievement, or service warranting special recognition.

The applicant was assigned to Fort Sam Houston, Texas for advanced individual training. During this training, he was referred for a mental status evaluation, and he was diagnosed as having a schizo-affective disorder that existed prior to his service (EPTS). His medical condition resulted in his being referred to a Medical Evaluation Board (MEB). The MEB found the applicant medically disqualified for further service.

On 19 August 1970, the applicant submitted an application for expeditious discharge. He cited the MEB finding that he was unfit for further military service due to a EPTS physical disability as the reason for his request. In addition, he acknowledged that if his application request were approved, he would be separated by reason of physical disability EPTS, and he would receive a discharge of the type commensurate with the character of service, as determined by the approval authority. The separation action was approved by the appropriate authority, who directed he receive an honorable discharge.

On 27 August 1970, the applicant was honorably discharged after completing a total of just 3 months and 22 days of active military service. The DD Form 214 issued to and authenticated by him on the date of his separation confirms that the authority for his discharge was Chapter 9, Army Regulation 635-40. This document also verifies that the narrative reason for his discharge was
“Physical Disability-EPTS-disability severance pay not authorized”, and that he was accordingly assigned a Separation Program Number (SPN) of 277.

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The SSAN recorded in the applicant’s enlistment contract, the service record created on him at the time of his enlistment, and in the records and documents prepared and published throughout his active duty tenure is consistent with the one recorded in his separation document.

Army Regulation 635-5, in effect at the time, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214. The instructions for completion of Item 11c (Reason and Authority) stated that the authority for transfer or discharge entered in this item would reference the appropriate regulation, circular, bulletin, special separation directive, statue, and be followed by the SPN and descriptive reason for transfer or discharge. An appendix to the regulation also provided specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPN to be entered on the DD Form 214. It specifically identified SPN 277 as the appropriate code for members who requested discharge by reason of an EPTS Physical Disability (not entitled to severance pay) based on the findings of MEB.

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 Board notes the applicant’s contentions that the narrative reason for his discharge is incorrect and should be changed and that his SSAN should be corrected. However, it finds insufficient evidence to support these claims.

2. The evidence of records shows that the applicant voluntarily requested separation based on the MEB finding that he was unfit for retention in the military service by reason of a physical disability which was found to have existed prior to his enlistment. Further, the record confirms the applicant acknowledged that he understood that if his request was approved, he would be separated by reason of Physical Disability-EPTS, and that the type of discharge he received would be commensurate with his character of service as determined by the separation approval authority.

3. In view of the facts of this case, the Board finds that the narrative reason for the applicant’s separation was correct based on the authority for his discharge. The applicant should be aware that the medical condition he had was in fact the physical disability that resulted in his discharge and was the underlying cause for the narrative reason for discharge entry on his separation document. However, the governing regulation at the time and current regulations do not provide for entering a specific illness on the DD Form 214 as the narrative reason for discharge. Therefore, the Board concludes that there is no basis for the requested change.
4. The SSAN recorded in the applicant’s enlistment contract, contained in the personnel records created upon his enlistment, and in all orders, documents published throughout his tenure on active duty, is consistent with the one entered on his DD Form 214. Therefore, the Board finds the SSAN recorded in the applicant’s military service record is correct. The applicant is advised the administrative error made by the staff of this Board by incorrectly entering his SSAN in correspondence will not change his record and will have no negative impact on him. Thus, given it results in no material error or injustice, no record correction action by this Board is necessary.

5. 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.

6. 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

__WTM__ __CJP _ __YM __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002077937
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/01/30
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	100.0900
2.	144. 0300
3.
4.
5.
6.