MEMORANDUM OF CONSIDERATION

IN THE CASE OF:   

BOARD DATE:           10 March 1999                   
DOCKET NUMBER:   AC89-06002A
	AR1998013852

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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:  In effect, a reconsideration of the Board's previous decision by purging his records of the record of lost time that  currently is barring him for receipt of VA benefits.

APPLICANT STATES:  In effect, that the Board's prior action that granted him a general discharge is negated by the continuation of the listing of his lost time.  He states that with the general discharge he should be entitled to full benefits and cites his service in Viet Nam and receipt of the Purple Heart as supporting factors.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a record of proceedings prepared to reflect the Board's original consideration of his case on 24 January 1990 (COPY ATTACHED).

The applicant’s issue of purging his records of the lost time is an issue which was referenced but not specifically addressed in the Board’s previous decision. 

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.  As noted in the prior review the applicant enlisted on 3 July 1967 and was discharged on 5 March 1971.  He has 1 year, 11 months and 27 days of creditable service and 615 days lost time, with only 192 of them being subsequent to his normal expiration of term of service. 

2.  There are no provisions in the law or regulations which would rationalize the of purging the applicant’s lost time.  Even if the applicant had been retained on active duty to complete his three year obligated service, the 615 days of lost time would still have to be of record.

3.  A waiving of any bar to receipt of VA care and benefits which exists under VA regulation is not within the scope of this Board’s authority.  Such issues can only be addressed by the VA, Board of Veterans Appeals or the Court of Veterans Appeals.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to revise its previous decision.

5.  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

___FKM_  ___MW_ __KLW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC89-06002A
AR1998013852	
SUFFIX		
RECON		
DATE BOARDED	19990310	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	. . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	123.01/261	
2.	134.00/328	
3.		
4.		
5.		
6.