MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  6 July 2000
	DOCKET NUMBER:  AR2000039745

	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:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. John P. Infante		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: In effect, that his records be corrected to show there was a violation of confidentially of medical information.

APPLICANT STATES: That “the following particular ended my Army career”.

COUNSEL CONTENDS: Counsel was silent on the issues. 

EVIDENCE OF RECORD: The custodian of the applicant's military records was unable to locate them and information herein was obtained from alternate sources, provided by the applicant.

On 7 April 1978, a physical examination found him qualified for enlistment and he enlisted in the Army Reserve Delayed Enlistment Program for 6 years.

On 30 May 1978, he entered the Army for 3 years.  He completed his required training and was awarded MOS 15D (Lance Crewman).  He was advanced to pay grade E-4, effective 1 May 1983.

On 13 February 1981, he reenlisted for 3 years, in pay grade E-4.

He was awarded the Good Conduct Medal for the period 5 May 1978 to 4 May 1981.

On 30 July 1982, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for his failure to go to his appointed place of duty on      11 July 1982.  His punishment included a reduction to pay grade E-3, a forfeiture of $171 pay, 14 days restriction and 14 days extra duty.  Upon appeal, the commander mitigated $100 of his forfeiture. 

On 12 February 1984, he was honorably separated in pay grade E-4 under Army Regulation 635-200, chapter 4, based on the expiration of his term of service.  His Report of Service indicates he had 5 years, 9 months and 13 days of creditable service.  He was entitled to the Good Conduct Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

On 19 February 1985, he was honorably discharged from the Army Reserve based on completion of his service obligation.

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.  There is no evidence that there was a violation of confidentiality of medical information.  The only medical document available is his pre-enlistment physical examination.
2.  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.

3.  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

__cf___  ___ji___  ___ew___ DENY APPLICATION

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

INDEX

CASE ID	AR2000039745	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
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         1.100	Violation of Confidentially of Medical Information	
2.		
3.		
4.		
5.		
6.