MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 February 2000                  
	DOCKET NUMBER:    AR1999019570

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		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 
	     )

APPLICANT REQUESTS:  Reconsideration of his request of his previous appeal to correct his record.  He requests that a DD Form 214 be issued with a character of service.

APPLICANT STATES: That his date of separation should be 15 December 1970 and a decision on his characterization of service should be made.  He points out that the initial Board made a search of AWOL and Deserter records for his name with negative results.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 27 May 1998 (COPY ATTACHED).

The initial Board found no record of service or disposition of the applicant after  26 June 1970.  The applicant submitted a DA Form 8-275-2, Clinical Record Cover Sheet.  This sheet indicates that on 26 June 1970 he was attached to US Dewitt Army Hospital, Fort Belvoir, VA after being diagnosed with Hyperthyroidism.  The sheet further indicates he was discharged from Dewitt Army Hospital on 15 December 1970, pending reassignment to Fort Hood, Texas.  

The applicant’s separation date was 27 January 1972.  A period of service and performance from 16 December 1970 through 28 January 1972 is not available for review to support a character of service finding.  The applicant failed to provide evidence or information on his assignments, duty status, awards, punishments and performance during the missing period.

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 shows that the applicant was under military control until          15 December 1970, therefore his contention that he served until 15 December 1970 is supported.

2.  The applicant’s primary request is for a DD Form 214 with a character of service.  However, neither the applicant’s records nor his application address what service occurred after 15 December 1970 until his normal termination date of 28 January 1972.  The lack of official records or verifiable information does not provide this Board with the required level of evidence necessary to characterize the applicant’s term of service. 

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

_vbc_____  _jps ____  _klw____  DENY APPLICATION

						Karl F. Schneider
				      Director, Army Review Boards Agency

INDEX

CASE ID	AR1999019570	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.07	
2.		
3.		
4.		
5.		
6.