MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 March 2001
	DOCKET NUMBER:  AR2001051518

	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:

	Ms. Shirley Powell		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John P. Infante		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 basis of his discharge be changed from expiration of his term of service (ETS) to hardship.

APPLICANT STATES: That his personal problems impaired his ability to serve.  His father died.  He had applied or tried to apply for a compassionate reassignment, but was unfairly denied or told to forget it.  Because of his ignorance of the availability of a hardship discharge, he allowed the administrative noncommissioned officer (NCO) to get away without issuing him one.  Further, he relates the career of another reservist (the administrative NCO) and the fact that he should have been “put in” for a hardship discharge by this person.  He indicates he is attempting to obtain a hardship discharge in order to attempt to secure his Reserve retirement.  He provides copies of his award certificates and lists of his training.  He indicates he lacked the required 20 years to be qualified for retirement.

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

During the period 12 February 1953 to 20 December 1954 (1 year, 10 months and 9 days), he served on active duty in Army of the United States and served in Korea.

On 22 November 1961, he entered the Army Reserve in an active basis.

On 31 May 1988, after being cited for unexcused absences, at his request, he was last transferred to the USAR Control Group (Reinforcement).

Effective 21 September 1988, he was honorably separated under Army Regulation 135-178 based on his ETS.

On 10 January 2001, Army Reserve Personnel Command validated the applicant had 17 years, 10 months and 9 days of creditable/qualifying service for Reserve retirement. 

There is no evidence that the applicant requested or was denied a compassionate reassignment.

On 2 February 2001, his petition to the Army Discharge Review Board for a change of the reason and authority of his discharge from ETS to hardship was denied.

There is no evidence that the applicant requested or was denied a hardship discharge.

Army Regulation 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel) indicate, in pertinent part, that a “hardship exists when in circumstances not involving death or disability of a member of an enlisted person’s family his or her separation from the service would materially affect the care or support of his or her family by materially alleviating undue hardship.”  The evidence required for hardship separation will normally be in affidavit form.  The evidence must substantiate hardship conditions on which the application for separation is based.  

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 of record that the applicant submitted a request for or documented a hardship discharge and he does not do so in this application.

2.  Without evidence, the applicant has accused a fellow soldier of failing to issue him a hardship discharge, a non-mitigating factor in his case.  The evidence does show that after non-participation, he requested transfer to the Control Group and was soon discharged based on his ETS.  There is no record of further enlistment since his discharge.

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 this 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

___sp__  ___rs_____  ___ji___ DENY APPLICATION

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

INDEX

CASE ID	AR2001051518	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	HS Disch	
2.		
3.		
4.		
5.		
6.