MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 September 2000                   
	DOCKET NUMBER:   AR2000045292

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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:  The applicant makes no specific request.

APPLICANT STATES:  That he was denied proper medical care in regards to his emotional state prior to his discharge.  He worked in a hospital but was not allowed to talk to anyone about his emotional problems.  He feels his discharge was not legal because he never received a physical.

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

He enlisted in the Regular Army on 29 September 1972.  He completed basic training and advanced individual training and was awarded military occupational specialty 91A (Medical Corpsman).

On 24 September 1973, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for absenting himself from his place of duty from 17 August – 5 September 1973.

On 12 October 1973, the applicant accepted NJP under Article 15, UCMJ for failing to report to his place of duty.

On 25 October 1973, the applicant accepted NJP under Article 15, UCMJ for assaulting another soldier by striking at her with his hands, causing a swollen red spot around her right eye.

On 12 November 1973, the company commander initiated separation proceedings under the provisions of Department of the Army letter dated           20 August 1973, subject:  Expeditious Discharge Program (later incorporated into Army Regulation 635-200, chapter 5).  He cited the applicant’s failure to benefit from repeated counseling for apathy, his repeated absences without leave and acts of a discreditable nature for which he had received three Article 15s.

On 12 November 1973, the applicant acknowledged notification of the separation action, stated he voluntarily consented to the discharge and elected not to submit a statement in his own behalf.

Two Health Record jackets, DD Form 722, are available but only three blank forms are filed within those jackets (an immunization record, a laboratory report display, and a radiogaphic report).

On an unknown date, the appropriate authority approved the recommendation and directed the applicant be furnished a General Discharge Certificate.

On 21 January 1974, the applicant was discharged with a characterization of service of under honorable conditions (a general discharge), in pay grade E-1. He had completed 1 year, 3 months and 23 days of creditable active service.  No lost time is listed on his DD Form 214.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It later incorporated the provisions of Department of the Army letter dated 20 August 1973, subject:  Expeditious Discharge Program into chapter 5.  The Expeditious Discharge Program provided that members who had completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential could be discharged.  It provided for the expeditious elimination of substandard, nonproductive soldiers before board or punitive action became necessary.  No member would be discharged under the program unless he/she voluntarily consented to the proposed discharge. 

Army Regulation 40-501 governs medical fitness standards for enlistment, retention and separation.  It also provides general administrative policies relative to military medical examinations.  The regulation in effect at the time provided that all military personnel on active duty in excess of 30 days were required to undergo a medical examination prior to separation.

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.  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.

2.  The applicant’s complete service medical records are not available.  In the absence of evidence to the contrary, the Board presumes that the discharge proceedings, to include the requirement for a separation medical examination, were conducted and completed in accordance with law and regulations applicable at the time. 

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

__rvo___  __emw___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045292	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.