MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  5 December 2000
	DOCKET NUMBER:  AR2000038968

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Jose A. Martinez		Member	
	Mr. Allen L. Raub		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 records be corrected to show that AGUZ-PAD-SMR Letter Order (LO) Number 11-1084913, dated 13 November 1970, based on personal hardship, was revoked.

APPLICANT STATES: That he did not request a discharge in 1970 based on a personal hardship.  He contends he has had continuous military membership from 14 December 1967.  He provides copies of military records in support of his claim.

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

On 14 December 1967, the applicant was inducted into the Army.

During the period 24 May 1968 to 19 May 1969, he served in Vietnam.

On 16 September 1969, he was honorably separated based on his request for an early release to attend school.  His separation documents indicates he had         1 year, 9 months and 3 days of service.  He was entitled to award of the Bronze Star Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal and the Vietnam Campaign Medal.  He was transferred to the United States Army Reserve (USAR) Control Group (CG) (Annual Training) for completion of his service obligation.

On 20 October 1969, AGUZ-PAD-SMR LO Number 10-62223, Office of the Adjutant General, US Army Administration Center, St. Louis, Missouri released the applicant from the USAR CG (Annual Training) and assigned him to the USAR CG (Standby), effective 17 September 1969, based on hardship and/or dependency.

On 13 November 1970, AGUZ-PAD-SMR LO Number 11-1084913, Office of the Adjutant General, US Army Administration Center, relieved the applicant from the USAR CG (Standby) and honorably discharged him effective 30 November 1970 based on personal hardship.

On 26 April 1973, he enlisted in the Colorado Army National Guard (ARNG) for a 1-year period.  He served as a Senior Personnel Sergeant.  He was discharged effective 11 October 1979 to accept appointment as a Warrant Officer Unit Personnel Technician.  He has had continuous military service since.

In response to his request for documents, on 19 December 1986 the National Personnel Records Center advised the applicant that “No record of service subsequent to 11/30/70.  No Reserve participation indicated while a member of the USAR Control Group”.

The applicant’s Army National Guard statement of retirement points, dated        10 November 1999 shows a break in service from 1 December 1970 through    25 April 1973.

In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

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 does not support the applicant’s contention of continuous military service since his induction into the Army.

2.  The evidence clearly shows the applicant was released from active duty and transferred to the CG (Annual Training) on 16 September 1969, for reason of “Early release to attend school”.  He was honorably discharged effective           30 November 1970 based on personal hardship.  It also shows he had no record of service after 30 November 1970 until his enlistment in the ARNG on 26 April 1973.  He has not shown error or injustice.

3.  In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

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 this 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

__ac____  ___jm____  ___ar___ DENY APPLICATION

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

INDEX

CASE ID	AR20000368968	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001205	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.135	Res Svc Credit	
2.		
3.		
4.		
5.		
6.