MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           03 February 1999                   
	DOCKET NUMBER:   AC98-11296
                                              AR1998014382

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		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 he served in the Army during the period from 1973 through 1975.

APPLICANT STATES:  That he went to basic combat training at Fort Knox, Kentucky in 1973 and completed advanced individual training at Fort Hood, Texas during 1973 and 1974.  He further states that he served on active duty in Guam during 1974 and 1975, and that he was discharged on 25 April 1975.

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

On 28 February 1974, at the age of 21 years, he enlisted in the USAR for 6 years.  His enlistment contract indicates he did not have any prior service.

On 14 March 1974 he enlisted in the Army for 3 years.  He enlisted for assignment with the 2d Armored Division, Fort Hood, Texas, for duty in engineer equipment maintenance (62B).

On 30 March 1974 the applicant’s platoon sergeant evaluated his performance and found him to be unacceptable for further military duty due to deficiencies in aptitude, motivation, attitude, and self-discipline.  According to this evaluation, the applicant could not get along with anyone.  He backed talked his training leaders, he continually degraded the military, and could not accept simple instructions.

On 9 April 1974 the applicant willfully disobeyed a lawful command from his superior noncommissioned officer to do pushups.  He received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for disobeying this command.  The punishment included  a forfeiture of $30.00.

On 10 April 1974 the applicant’s platoon sergeant rendered another evaluation of his performance.  This evaluation stated that he was very disrespectful to his supervisors, did not get along with anyone, and would not accept simple orders from anyone.  Again, the platoon sergeant indicated that the applicant was not of any benefit to the Army.

On 10 April 1974 the applicant’s commander initiated a recommendation to separate him from the service under the provisions of Department of the Army message 011510Z August 1973, subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days.  The reasons cited by the commander were the applicant's deficiencies in motivation, attitude, self-discipline, and his failure to respond to counseling and guidance.

On 18 April 1974 the appropriate authority approved the recommendation and directed that the applicant be separated within 72 hours.
On 25 April 1974 the applicant was honorably discharged.  He completed 1 month and 12 days of creditable active service.

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 clearly shows that the applicant enlisted in the Army on 14 March 1974, served only 1 month and 12 days, and was administratively discharged for poor attitude and duty performance on 25 April 1974.

2.  There is no evidence available to support the applicant’s contention that he served in the Army either before or after the above mentioned period of time.

3.  The applicant has not provided any substantiating evidence to support his contentions.

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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999.02.03	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.