MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:            

	BOARD DATE:            10 March 1999  
	DOCKET NUMBER:   AR1999022856

	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	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		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 (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected by deleting comments in the remarks section which indicate that he was on excess leave from 1 April 1970 to 21 April 1970.  

APPLICANT STATES:  That he was not on excess leave during the period cited, but, he was hospitalized for malaria at the Fort Benning Hospital.   

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

The applicant enlisted on 30 September 1968 for a period of 2 years.  He successfully completed training and was transferred to Vietnam for duty as a rifleman.  He served in Vietnam from 20 March 1969 to 19 March 1970 and completed his enlistment at Fort Benning, Georgia, serving as a light weapons infantryman.  He was honorably discharged in the grade of E-4 on 29 September 1970. 

There is no evidence in the applicant’s personnel records which shows he was hospitalized from 1 April 1970 to 21 April 1970. 

The applicant’s DA Form 20 (Enlisted Qualification Record) shows his principal duty was “CASUAL” from 19 March 1970 until he reported to Fort Benning, Georgia, for duty on 1 June 1970. 

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.  Contrary to the applicant’s contention that he was hospitalized from
1 April 1970 to 21 April 1970, there is no evidence available to the Board, and the applicant has provided no evidence, to support this contention.

2.  The evidence of record shows the applicant was enroute to his next duty station at Fort Benning, Georgia, during April 1970.  Therefore, the remarks section of his DD Form 214 is correct as currently constituted.

3.  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.

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

__klw ___  __mw ___  ___fkm__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022856	
SUFFIX		
RECON		
DATE BOARDED	1999/03/10	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700929	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	ETS	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.