MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            20 October 1999
	DOCKET NUMBER:   AR1998013554

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) covering a 50 day active duty period from 22 July to 8 September 1969.

APPLICANT STATES:  In effect, that he should receive a DD Form 214 covering an active duty period of 50 days while he was hospitalized and undergoing treatment as a result of an injury he received while performing routine duty with the New Jersey Army National Guard.  He further states that the reason for his making this request is to obtain veterans preference from the State of New Jersey.

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

On 18 March 1970, the applicant was discharged honorably from the New Jersey Army National Guard (ARNG) after completing 6 years of ARNG service.  The available records contain only one DD Form 214 which documents the applicant’s initial active duty for training.  This document shows that the applicant completed 7 months and 8 days of active service from 8 October 1964 to 15 May 1965 at which time he was released from active duty and returned to his ARNG unit for duty.  

The record shows that on 12 July 1969 the applicant entered on a period of active duty for training which was scheduled to end on 26 July 1969.  On 19 July 1969, he was admitted to the Valley Forge General Hospital, Phoenixville, Pennsylvania because of a training injury he received on 17 July 1969.  The 
50 day period the applicant was hospitalized included two periods of convalescent leave: the first from 29 July to 11 August 1969; and the second from 22 August to 8 September 1969.  The applicant’s medical care and hospitalization were the result of an injury incurred while he was on active duty for training and were authorized by National Guard Regulations. 

Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty).  Paragraph 1-4 states, in pertinent part, that a DD Form 214 will be prepared for members of the ARNGUS and USAR only when they are separated for physical disability under the provisions of AR 635-40, regardless of the period of time served on active duty; after completing 90 days or more of continuous active duty for training or active duty support; or after completing initial active duty for training which resulted in the award of an military occupational specialty, even though the active duty was less than 
90 days. 

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 evidence of record and the independent evidence of the applicant, while showing that he was hospitalized for a 50 day period, does not provide a basis for issuing the applicant a new DD Form 214.  Army Regulations do not provide for the issue of a DD Form 214 to members of the ARNG for periods of active duty for less than 90 days unless they are discharged for disability reasons or after completing initial active duty for training which resulted in the award of an military occupational specialty, even though the active duty was less than 
90 days. 

2.  The applicant’s issue of obtaining Veterans Preference from the State of New Jersey is not within the purview of this Board.  It appears to this Board that the applicant has all the necessary documentation to prove his active duty status during his period of hospitalization.  Whether this status is sufficient to satisfy the criteria established by the State of New Jersey for granting preference does not provide this Board a basis for granting relief.

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

__fkm___  __be____  ___jhk___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013554	
SUFFIX		
RECON		
DATE BOARDED	1999/10/20	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.