MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           25 March 1999
	DOCKET NUMBER:   AC98-09003
				   AR1998013816

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Lester Echols		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:  Correction of the amount of time he spent on active duty, to include his accrued leave time.

APPLICANT STATES:  That he was held on active duty for 30 days pending verification of his date of birth and that he was discharged on 6 May 1971,
2 days after his birthday.

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

The applicant was born on 4 May 1953 and enlisted in the Army at the age of 
17 with the parental consent of his father on 4 February 1971 for a period of 
3 years.  He initiated basic combat training at Fort Campbell, Kentucky. 

The applicant’s commander submitted separation action to eliminate the applicant from the Army under the provisions of chapter 7, Army Regulation 
635-200, (discharge because of minority).  The separation action was approved by the appropriate authority and on 6 April 1971 the applicant was released from custody and control of the Army.  He had served 2 months and 3 days of total active service.

Special Order Number 86, Department of the Army, Headquarters US Army Training Center and Fort Campbell shows the applicant’s effective date of released from the Army as 6 April 1971.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  Lacking evidence to the contrary, administrative regularity is presumed that the applicant was properly credited with 2 month and 3 days of total active service, to include his accrued leave of 4 days.

2.  The effective date of the applicant’s release from custody and control of the Army, 6 April 1971, listed in item 11d of his separation document is correct, as verified by his records.

3.  The Board found no evidence submitted with the application or any evidence of record to support the applicant’s contention that he was held on active duty
30 days (until 6 May 1971) to verify his birth date.

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

____X___  ____X___  ____X___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-09003/AR1998013816	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990325	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	33.06	
2.		
3.		
4.		
5.		
6.