MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 December 1998 
	DOCKET NUMBER:   AC98-10612

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Roger W. Able		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 medical records be found and something done about some service connected medical problems.  That, in effect, he wants the money he put into the education program.

APPLICANT STATES:  That he was put out of the service for no reason; that he put money in the education program and didn't receive any money for his schooling; and that he went on sick call for back problems and ears ringing but not medical records are found.  The medical records had a statement in them that these medical problems were service connected.  He would like the medical records found or something done about his medical problems.  He was also told that he could not reenlist or he would still be in the service.

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

That he enlisted in the Army National Guard (ARNG) in Illinois on 28 July 1978.  After completing active duty one station unit training for infantryman at Fort Benning from 17 October 1978 to 19 January 1978, he was released from active duty and returned to his ARNG unit in Chicago, Illinois.  Between February and August 1979, the applicant accrued 12 unexcused absences from ARNG unit training.  The applicant's commander issued a letter on 29 October 1979 stating, "This EM has a history of missing drills.  I have counseled him and tried to help correct his AWOL problems.  Repeated attempt to contact him has proved fruitless leaving me no other choice but to request for him to be ordered to active duty."  A request for such orders was made to Headquarters, 5th US Army under provisions of paragraph 6-3c, AR 135-91; Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures.  The orders were issued on 1 February 1980, calling the applicant to involuntary active duty for 20 months and 5 days beginning 1 April 1980.

The applicant reported to the reception station at Fort Knox, Kentucky, as ordered.  He was inprocessed and transferred to Fort Lewis, Washington, where he was assigned to an infantry unit as an infantryman on 17 April 1980.  On 
29 August 1980, the applicant was caught shoplifting a $4.70 item from the post exchange.  As a result, his post exchange shopping privileges were revoked for six months.  In a Special Court-Martial order dated 13 November 1980, the applicant was found guilty of theft of personal property and assault against a female on 8 July 1980.  He was sentenced to forfeiture of $150 for two months, 75 days confinement at hard labor, and was reduced from E-2 to E-1.  He had been confined at Fort Lewis from 15 October 1980 and was transferred to confinement and retraining at Fort Riley, Kansas, on 30 October 1980.  He was released from the retraining program on 30 December 1980 and transferred to an infantry unit at Fort Hood, Texas, arriving on 29 January 1981.

At Fort Hood, the applicant was given an Article 15 nonjudicial punishment on 
3 March 1981 for failure to go at the time prescribed to his appointed place of duty.  His punishment was forfeiture of pay and 7 days restriction and extra duty.
He was advanced again to E-2 on 1 September 1981.

On 18 February 1982, the applicant was honorably released from active duty at the end of his prescribed 20 months 5 days involuntary active duty time according to the self-terminating orders that had placed him on active duty on 
1 April 1980.  His 20 months 5 days active duty time was extended by 45 days for the convenience of the government.  The applicant was transferred to the USAR Control Group Annual Training reserve.  He was honorably discharged from the Annual Training Reserve on 27 July 1984 at the end of his contracted period of enlistment.

The Veterans Administration (VA) Regional Office in Chicago, Illinois, requested the applicant's military medical records at the applicant's request from the National Personnel Records Center.  These records were provided to the VA on 12 January 1987 and are still charged out to the VA.

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 applicant was properly released from active duty on 18 February 1982 at the end of his ordered involuntary active duty and properly discharged from the reserves at the end of his enlistment.  Release from active duty under such circumstances prohibits reenlistment with a reenlistment eligibility code of RE-3 and 3B.

2.  There is no evidence in the record that the applicant contracted for or participated monetarily in an educational benefit program.  Questions on educational benefits should be addressed by the applicant to the VA.

3.  The applicant's medical records were charged out to the VA in 1987.  The applicant should address his questions on veteran medical benefits to the VA.

4.  The record does not contain any evidence nor has the applicant submitted any evidence to prove his contention of error or injustice.  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

_JNS____  _EW____  _RWA___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10612	
SUFFIX		
RECON		
DATE BOARDED	98/12/3	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	82/02/18	
DISCHARGE AUTHORITY	AR .635-200, Chapter 2	
DISCHARGE REASON	Completion of Required Service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	124.00	
2.	128.00	
3.		
4.		
5.		
6.