MEMORANDUM OF CONSIDERATION

	IN THE CASE OF          

	BOARD DATE:            9 December 1998  
	DOCKET NUMBER:   AC98-12519

	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:

	Ms.	June Hajjar		Chairperson	
	Mr.	Fred N. Eichorn		Member	
	Mr.	Thomas B. Redfern, III		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 granted sufficient service to qualify for benefits from the Department of Veterans Affairs (VA). 

APPLICANT STATES:  That he joined the Army for a reason and for what he believed in.  He also states that he believes that there was some type of job he could have been placed in for the period of his enlistment and that he did not sign his discharge.  He further states that he believes it unjust that he can not receive VA benefits.

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

The applicant enlisted on 27 August 1971 for a period of 3 years.  He successfully completed his basic training at Fort Ord, California, and was transferred to Fort Knox, Kentucky, to attend advanced individual training (AIT) as an armor recon specialist.  

On 11 November 1971 the applicant was seen by a physician and he informed the physician that he had first began having trouble in 1967, and that he had seen a physician in 1969 and was diagnosed as having the early stages of an ulcer.  The applicant underwent tests and was diagnosed by the Army physician as having a duodenal ulcer.  The physician suspended him from further training and directed that he be placed in medical hold pending a medical evaluation board.  He also determined that the applicant was not medically qualified for induction due to a condition that existed prior to entry into the service (EPTS).

A medical board was convened on 15 November 1971 which determined that the applicant was not medically fit for enlistment and recommended that he be separated from the service due to his not meeting medical fitness standards at the time of enlistment.  The applicant concurred with the findings and recommendations of the medical board and indicated that he did not desire to continue on active duty.

On 15 December 1971 the applicant submitted a request for separation from the service by reason of erroneous enlistment.  He stated that he had been advised that he had a medical condition which would have permanently disqualified him from entry into the military service had it been detected at the time, and that it did not disqualify him from retention in the military service.  He further stated that he understood that he had the options of completing his term of enlistment or applying for separation from the service by reason of having been erroneously enlisted.  He stated that he elected to be separated from the service.  His  request was approved on 20 December 1971.

Accordingly, the applicant was honorably discharged on 25 January 1972 under the provisions of Army Regulation 635-200, paragraph 5-9, due to his not meeting medical fitness standards at the time of enlistment.  He had served 5 months of total active service and he signed his report of separation (DD Form 214) at the time of his discharge.

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 was properly discharged per his request in accordance with the applicable regulations and was given the proper credit for the time he had served.

3.  The applicant has failed to show through the evidence submitted or the evidence of record that his separation was in error or unjust or that he was not given proper credit for the amount of time he served.

4.  The applicant was afforded the opportunity to fulfill the terms of his enlistment and elected not to do so.  Accordingly, there is no basis to grant him credit for service he did not perform.

5.  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

__jh_____  ___fe___  ___tbr___  DENY APPLICATION

						Loren G. Harrell
						Director