RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 JANUARY 2006
      DOCKET NUMBER:  AR20050006102


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William Crain                 |     |Member               |
|     |Mr. Gerald Purcell                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected by upgrading his
characterization of service to honorable, and by changing the reason for
his separation to a disability separation.

2.  The applicant states that his DD Form 214 is incorrect, that he was
given an honorable and not a general discharge.  He feels he should have
received a disability separation because he suffered a head injury when the
ramp door of an Army vehicle hit him in the head.  He was given a great
deal of pain medication and feels he is alive today because he was wearing
his helmet.

3.  The applicant also states that his DD Form 214 is missing his awards
and medals.

4.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 November 1978, for a
period of 4 years.  He served in Germany from February 1979 to February
1980.

2.  On 17 December 1979, the applicant was notified by his commander that
he was initiating action to separate him under the provisions of Army
Regulation 635-200, paragraph 5-37 (Expeditious Discharge Program) for
unsuitability.  He advised him of his rights, and recommended that he
receive an honorable discharge.

3.  On 19 December 1979, the applicant, after consulting with legal
counsel, acknowledged that he understood the basis for his commander’s
action to separate him under the provisions of Army Regulation 635-200 for
unsuitability.  He waived consideration of his case by a board of officers,
personal appearance before a board of officers, elected not to submit a
statement in his own behalf, and waived representation by counsel.

4.  The appropriate separation authority approved the applicant’s discharge
under Army Regulation 635-200, Chapter 5, paragraph 5-31, with the issuance
of an honorable discharge.



5.  There are no medical treatment records in the applicant’s available
records, and no other documentation that indicates he received a head
injury that would have warranted disposition through medical channels.

6.  The applicant’s DD Form 214 indicates he was awarded the Marksman Badge
with the M-16 rifle, and the Sharpshooter Badge with the hand grenade bar.
There are no additional awards or decorations in his available records.

7.  The applicant was discharged on 4 February 1980, under the provisions
of Army Regulation 635-200, paragraph 5-31, Expeditious Discharge Program,
and was issued an under honorable conditions discharge.  His DD Form 214
indicates he had 1 year, 3 months and 4 days of active service.

8.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Chapter 5, provided,
in pertinent part, for the Expeditious Discharge Program (EDP).  This
program provided that an individual who had completed at least 6 months,
but less than 36 months of active duty and who demonstrated (by poor
attitude, lack of motivation, lack of self-discipline, inability to adapt
socially or emotionally or failure to demonstrate promotion potential) that
they could not or would not meet acceptable standards could be separated.
Such personnel were issued a general or honorable discharge, as
appropriate, except that a recommendation for a general discharge had to be
initiated by the immediate commander and the individual had to consult with
legal counsel.

9.  Army Regulation 635-40, states that disability compensation is not an
entitlement acquired by reason of service-incurred illness or injury,
rather, it is provided to Soldiers whose service is interrupted and they
can no longer continue to reasonably perform because of a physical
disability incurred or aggravated in service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s commander recommended the issuance of an honorable
discharge which was approved and directed by the separation authority.
Therefore the applicant’s records should be corrected to show his
characterization of service as honorable.

2.  There is no evidence in the available records nor did the applicant
provide documentation to substantiate his claim of a head injury.  There is
no indication of illness or injury that would justify separation based on a
disability.

3.  There are no additional awards or decorations in the applicant’s
records nor is he eligible for any additional awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JI ____  __WC___  __GP ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by upgrading his discharge to honorable.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a disability separation and additional awards.




                                  ______John Infante________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006102                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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