MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           21 December 2000                  
	DOCKET NUMBER:   AR2000047894

	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. G. E. Vandenberg .		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Gail J. Wire		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 the dates of his service on his Report of Transfer of Discharge (DD Form 214) be corrected. 

APPLICANT STATES:  In effect, that there is something wrong with the dates on his two DD Form 214s.  He states ‘”The dates do not look right.”

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

Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's previous consideration of the case (AC89-08336) on 21 February 1990.

The applicant entered active duty on 14 January 1971.  He served 7 days and was discharged to immediately reenlist in the Regular Army in a critical military occupation specialty (MOS).  The applicant was given an honorable discharge and issued a DD Form 214 for this short period of service.  

On 14 February 1972 the applicant was charged with several counts of drug possession, use and sale.  After consultation with counsel he requested a discharge in lieu of court-martial under the provisions of Army Regulation 635-200, chapter 10.  The discharge authority accepted this request and the applicant was discharged under other than honorable conditions on 29 February 1972.

The applicant did not raise a question of the dates of service during either his 10 November 1987 Army Discharge Review Board (AD87-00737) review or this Board’s prior review. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant technically had two periods of service, admittedly one was only 7 days long.  In accordance with the procedures in affect at that time, the applicant was properly issued an honorable discharge on 20 January 1971 for this period of service.

2.  The Board finds no errors in the applicant’s discharge documents or the dates of his service.  

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

__KAK__  ___EWL_  __GJW___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047894	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.05	
2.		
3.		
4.		
5.		
6.