MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  19 December 2000
	DOCKET NUMBER:  AR2000044474

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Raymond J. Wagner		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 item 5 (Date of Birth) be corrected to show her date of birth (DOB) as 24 May 1956, instead of 19 December 1974 and that item 
28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show “due to medical conditions (disabilities)” instead of “Failure to Maintain Acceptable Standards for Retention”.

APPLICANT STATES:  That item 5 (Date of Birth) and item 28 (Narrative Reason for Separation) are incorrect.  She also states that she was discharged due to medical reasons.

COUNSEL CONTENDS:  That the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-37, for failure to maintain acceptable standards for retention.  Counsel also contends that the applicant is requesting that her reason for discharge be changed to medical disability and that her DD Form 214 be corrected to show her DOB as “24 May 1956”.  Counsel states that in regards to the issue of changing the applicant’s DOB, it does appear that an administrative error was made in indicating her date of birth as 19 December 1974.  Counsel also states that the available evidence, including her marriage certificate, clearly shows her correct DOB as “24 May 1956”.  Counsel further states that, with reference to the applicant’s request that the record be corrected to show the reason for her discharge was medical disability, that the records pertaining to her discharge are unavailable for review.  Counsel goes on to state that the applicant has requested that her service medical records be obtained from the Department of Veterans Affairs (DVA) prior to a decision in her case.  Counsel requested that the Boards’ final decision reflect sound equitable principles consistent in law, regulation, policy, and discretion.

EVIDENCE OF RECORD:  The applicant's military records show she enlisted on 30 May 1974 as a clerk typist.  She continued to serve until she was discharged under honorable conditions (general) under the provisions of Army Regulation 635-200, paragraph 5-37, for failure to maintain acceptable standards for retention.  She had a total of 9 months and 12 days of creditable service.

The applicant’s medical records are unavailable for review by this Board and appear to be in the possession of the DVA.

A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued on 22 August 2000 amending the applicant’s 
DD Form 214 to show her date of birth as “24 May 1956”.  Therefore, this issue is not discussed any further in this Memorandum of Consideration.

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 Board notes the applicant’s contention that her narrative reason for separation is incorrect and that she should have been discharged due to “medical conditions (disabilities)”.  However, there is no evidence in the available records, and the applicant has provided no evidence, to show that she was diagnosed as having any medical conditions (disabilities) warranting separation for medical reasons.

2.  The evidence of record shows that the applicant was separated with an Under Honorable Conditions (General) discharge for failure to maintain acceptable standards for retention.  Although, her medical records were not available for review by the Board, in the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize her rights.

3.  The type of discharge directed and the reasons for that separation were appropriate considering all of the available facts of the case.

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.  If the applicant is able to provide the Board with medical evidence that supports her claim of physical disability, then she is entitled to apply for reconsideration.

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

__jh___  ___kw_____  __rw____  DENY APPLICATION

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

INDEX

CASE ID	AR2000044474	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19750311	
DISCHARGE AUTHORITY	AR .635-200, 5-37	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  191		
2.		
3.		
4.		
5.		
6.