MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           11 February 1999  
	DOCKET NUMBER:   AC98-05102
				   AR1999016946

	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. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		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 military records be corrected to show that he was hospitalized from November, vice December, 1974 through January 1975 as the result of an assault.

APPLICANT STATES:  That he had his jaw broken when he was attacked by several individuals one day before Thanksgiving day; that in December 1974 he was "fully into my recovery stage.  I cannot and will not ever forget the true date that happened."  He further states that the dates shown on his medical records concerning the incident are incorrect; and that he has notified the VA of the error.

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

He entered active duty on 9 October 1973.  He served as a Hercules (missile) fire control center crewman and attained pay grade E-4.  During the period of time in question he was serving in Korea with Battery C, 2nd Battalion, 44th Air Defense Artillery Brigade.

A Statement of Medical Examination and Duty Status, DA Form 2173, Section
I, signed by the Assistant Chief, Patient Administration Division, 121st Evacuation Hospital, shows that the applicant was admitted to that facility at 1930 hours on 25 December 1974 with a fractured right mandible.  Section II, signed by the applicant's commander, shows "Individual engaged in an altercation with another battery member and was silenced by a blow to the chin."  The injury was determined to have been incurred in line of duty.

A Report of Investigation - Line of Duty and Misconduct Status, shows, in part, "On 24 December 1974 [the named applicant] was involved in a fight with another battery member.  During the fight he was struck in the jaw breaking the right mandible."  On 28 February 1975 a finding of In Line of Duty was approved for the Secretary of the Army.

On 8 October 1975 he was honorably separated from active duty.

Medical documents, cited by the applicant as showing the incorrect hospital admission date as 25 December 1974, were not provided by the applicant and are not in the available records.

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

1.  The evidence of record, not including medical records, clearly establishes that the fractured mandible sustained by the applicant was incurred on 25 December 1974 and that he was admitted to the 121st Evacuation Hospital in Korea on that date and not in November as he contends.
2.  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.

3.  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

INW ____  VBC____  CJS_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-05102/AR1999016946	
SUFFIX	NA	
RECON	NA	
DATE BOARDED	1999 February 11	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	124.02	
2.		
3.		
4.		
5.		
6.