MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           24 November 98                   
	DOCKET NUMBER:   AC98-11211

	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:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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 the separation date listed on his DD Form 214 (separation document) be changed from 11 November 1992 to 
11 November 1993.  He also requests that item 8a (Last Duty Assignment and Major Command) be changed from Headquarters, Headquarters Battery (HHB) to Headquarters, Headquarters Service (HHS) of the 7th Battalion, 
8th Field Artillery, 25th Infantry Division, Schofield Barracks, Hawaii.  

APPLICANT STATES:  That he was discharged on 25 November 1993 and his last unit of assignment was HHS - not HHB, 7-8th FA, 25th Infantry Division, Schofield Barracks, Hawaii.  He also states that since his DD Form 214 shows only 1 year, 6 months, and 18 days, he is not eligible for any VA benefits.

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

The applicant enlisted in the Army on 8 January 1991 for a period of 3 years.  He was awarded military occupational specialty 13F (Fire Support Specialist).  His highest rank attained was private (E-2).

The applicant’s DA Form 2-1 (Personnel Qualification Record) identified the applicant as being assigned to Headquarters, Headquarters Battery, 7th Battalion, 8th Field Artillery, Schofield Barracks, Hawaii.

He received nonjudicial punishment for falsely pretending to own a long distance calling card, for failure to go to his appointed place of duty, and for wrongfully having a female in the barracks.  Also, he received a Letter of Reprimand on 
5 December 1991 for driving under the influence of alcohol and was barred from reenlistment on 3 September 1992.

General Orders 273-90 dated 4 November 1992 published by Headquarters, 
25th Infantry Division, Schofield Barracks, Hawaii, directed the applicant be discharged from the Army on 25 November 1992.  He was discharged on 
25 November 1992 with a general discharge under the provisions of Army Regulation 635-200, chapter 14, misconduct-commission of a serious offense.  He had served 1 year, 10 months, and 18 days of total active service with 1 year 6 months and 18 days of that time credited as foreign service (in Hawaii).  His DD Form 214 indicated his last unit of assignment was Headquarters, Headquarters Battery, 7th Battalion, 8th Field Artillery.

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 separation date listed on the applicant’s DD Form 214 is correct and consistent with the general orders dated 4 November 1992 directing his discharge from the Army effective 25 November 1992.

2.  The Board notes that the unit listed on the applicant’s DA Form 2-1 (Personnel Qualification Record) as his last unit of assignment and the last unit of assignment listed on his DD Form 214 are the same and, therefore, no error exists. 

3.  The applicant’s contentions are not supported by either evidence submitted with the application or the evidence of record.  His ineligibility for VA benefits is not a basis for correcting his records by adding a year to the amount of time served on active duty.

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

___GDP__  ___CLA__  ___RWG__  DENY APPLICATION

						Loren G. Harrell
						Director