MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            11 August 1999
	DOCKET NUMBER:   AR1998013891

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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 report of separation (DD Form 214) dated 26 January 1978 be corrected to show that he entered the service on 3 May 1975 under the delayed entry program.

APPLICANT STATES:  That his DD Form 214 should reflect that he entered the Army on 3 May 1975 instead of 30 May 1975 under the delayed entry program.  He goes on to state that his medical records should show that he took his entry physical on 3 May 1975 and that the change will allow him to qualify for Vietnam era benefits.

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

The applicant enlisted in the Regular Army in Montgomery, Alabama on 30 May 1975 for a period of 3 years and training as a field radio mechanic.  He successfully completed his training and was transferred to Fort Campbell, Kentucky.  He was promoted to the pay grade of E-4 on 22 January 1977.

On 26 January 1978 he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted the following day for a period of 4 years, payment of a selective reenlistment bonus, and assignment to the Berlin Brigade.  He remained on active duty until he was honorably discharged on 1 November 1983 under the provisions of Army Regulation 635-200, paragraph 5-8, due to his inability to perform his duties due to parenthood.  He had served 8 years, 6 months, and 2 days of total active service.

A review of his records shows that he took his initial medical/physical examination on 30 May 1975, the date of his enlistment in the Regular Army.  There is no indication that he ever enlisted under the delayed entry program.

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.  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.

2.  The applicant’s enlistment contract clearly shows that he enlisted in the Regular Army on 30 May 1975 without entering through the USAR delayed entry program and his DD Form 214 was correctly prepared to reflect that he entered active duty on that date.

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

__jhk ___  __wm ___  __jpi____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013891	
SUFFIX		
RECON		
DATE BOARDED	1999/08/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189 	110.0000/CORR 214	
2.  3 	100.0200/DATE OF ENTRY	
3.		
4.		
5.		
6.