MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            11 August 1999
	DOCKET NUMBER:   AR1998012865

	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. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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 Report of Transfer or Discharge (DD Form 214) be corrected to show that he entered the Army on 21 February 1968 instead of 28 February 1968 as currently reflected.

APPLICANT STATES:  That his date of rank is 21 February 1968; therefor he had to have been on active duty at that time.

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

He was inducted in the Army on 21 February 1968.  He remained on active duty for 7 days and he was honorably discharged on 27 February 1968, for the purpose of immediate reenlistment.  He was issued a DD Form 214 to reflect his 7 days on active duty.  On 28 February he reenlisted in the Army for 3 years. 

On 22 March 1968, the applicant attempted to commit suicide by taking an overdose of Donnatol Tablets.  On 16 April 1968, he was referred for psychiatric evaluation and he was diagnosed as being passive dependant, depressed with a long history of marginal function, including inability to work effectively as a civilian, psychosomatic complaints, and poor service performance.  The attending physician recommended that the applicant be separated from the service under the provisions of Army Regulation 635-212 for unsuitability.

The recommendation for discharge was approved by the appropriate authority on 18 April 1968.  Accordingly, on 20 May 1968, he was discharged under the provisions of Army Regulation 635-212 for unsuitability.  He had completed 3 months of total active service and he was issued a General Discharge Certificate.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.  It also states that information contained on a previously issued DD Form 214 will not be entered on the preceding DD Form 214.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  He was properly issued a DD Form 214 that covers his induction on 21 February 1968 and a DD Form 214 which reflects his enlistment on 28 February 1968.

3.  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 the aforementioned requirement.

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

___jhk __  __wm ___  __jpi____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012865	
SUFFIX		
RECON		
DATE BOARDED	1999/08/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000/admin matters	
2.  227	112.0500/date of enlistment	
3.		
4.		
5.		
6.