MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 September 2000
	DOCKET NUMBER:    AR2000036417

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 the spelling of his name be corrected and that his discharge status be changed from unsuitable to medical.

APPLICANT STATES:  That his name is misspelled on his DD Form 214 (Separation Document) and that he rejected an offer for a medical discharge.  He offers that he was hospitalized six times while serving in Korea and his medical records will provide the reasons for the hospitalization. 

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

He entered the Regular Army on 22 May 1969; his date of birth is , his civilian education was 8 years, and he was trained as a stock control and accounting specialist.  He was assigned to Korea from approximately 19 October 1969 until 18 November 1970.  He achieved the rank of private first class and on 14 September 1970 was separated under honorable conditions under the provisions of Army Regulation 635-212 (Unsuitability). 

His awards include the National Defense Medal and the Armed Forces Expeditionary Medal.

A DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge From the Active Duty, was prepared on 10 January 2000 to correct the spelling of the applicant’s name.

On 30 November 1969 the applicant was admitted as a patient for substance abuse.

On 3 August 1970 he was admitted as a patient for skin infections and boils.

On 25 August 1970 the applicant completed Standard Form 93, Report of Medical Examination.  In block 73, Notes, he wrote, “I feel great.”

On 14 September 1970 the applicant was discharged from active duty.

Neither the applicant’s personnel folder nor medical record contains any documentation relating to a medical discharge.

Army Regulation 635-40, Chapter 3, paragraph 2b states, in pertinent part, that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury.  It is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.

That same regulation goes on to say that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness.  This presumption of fitness can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

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’s request to have the spelling of his name corrected has already been addressed by a DD Form 215.

2.  The applicant’s DD Form 214 reflects that he was discharged under honorable conditions.  It does not read that he was discharged as unsuitable as he contends.  Only individuals with access to Army Regulation 635-212 can determine the basis for the under honorable conditions discharge.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his contention that he was offered a medical discharge.

4.  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 previously mentioned requirement.

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

___rvo __  ___dph __  ____emw  DENY APPLICATION

		Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036417	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
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.  177	108.00	
2.		
3.		
4.		
5.		
6.