MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 July 2000
	DOCKET NUMBER:   AR2000039501

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		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 discharge date and time served be corrected.  

APPLICANT STATES:  In effect, that he entered active duty on 13 August 1968 and was separated on 21 May 1970, a total of 1 year, 9 months, and 9 days, but he is only credited with 5 months and 29 days of active military service in his separation documents.  He indicates that he is trying to meet the eligibility requirements to obtain medical benefits administered by the Department of Veterans Affairs (VA) and this correction is necessary to meet this criteria. 

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

The applicant’s military service records were not available for review by the Board.  However, the evidence of record did include a properly constituted Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was issued to and signed by the applicant on the date of his discharge.  

The DD Form 214 on file verifies that the applicant was inducted into the Army of the United States on 13 August 1968.  On 21 May 1970, he was discharged for unfitness, under  the provisions of Army Regulation 635-212.  The reason for his discharge was recorded as frequent incidents of a discreditable nature with civil or military authorities and his service was characterized as under other than honorable conditions.  

Block 22b (Total Active Service) indicates that he completed 5 months and 
29 days of creditable active service.  Block 26a (Non-Pay Periods Time Lost) shows that the applicant had been Absent Without Leave (AWOL) on five separate occasions during his tenure in service.  Block 30 (Remarks) records these AWOL incidents and documents the time lost for each of the five AWOL periods.  These entries show that the applicant had accrued a total of 460 days of time lost during his service tenure.  

Title 10 of the United States Code, section 972 (10 USC 972), contains the law pertaining to the effect of time lost on members of the Armed Forces.  It states, in pertinent part, that enlisted members are required to make up time lost due to AWOL.  In effect, this mandates that members are not allowed service credit for any periods of time lost due to AWOL.  

Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing DD Form 214.  It states, in pertinent part, that all service periods entered on the DD Form 214 will be less time lost under 10 USC 972.
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 record shows that the total time covered between when the applicant entered active duty and when he was discharged was 1 year, 9 months, and 
9 days.  However, after deducting his time lost, as required by law, he only actually accrued a total of 5 months and 29 days of creditable active military service, which is the period recorded in his separation document. 

2.  While the Board empathizes with the applicant’s medical and financial problems and understands his desire to obtain VA medical benefits, these factors do not provide a sufficient basis for adjusting his creditable active service.  The Board concludes that the applicant’s active duty service was properly and equitably computed, under the provisions of the applicable law and regulation; therefore, there is no basis for granting the requested relief in this case. 

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

___sac __  ___klw __  ___amc _  DENY APPLICATION

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

INDEX

CASE ID	AR2000039501	
SUFFIX		
RECON		
DATE BOARDED	2000/07/20	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1970/05/21	
DISCHARGE AUTHORITY	AR 635-212 	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.