MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 March 2001                   
	DOCKET NUMBER:   AR2000049922

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Christopher J. Prosser		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 honorable discharge be changed to a medical discharge.

APPLICANT STATES:  He makes no contentions other than mentioning a missing VA letter and he submits a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).

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

On 30 October 1985, the applicant enlisted in the Army for 4 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 88M10 (Motor Transport Operator).
On 1 February 1990, the applicant extended for an additional six months.  The highest pay grade he achieved was pay grade E-4.

On 5 April 1990, the applicant was notified that a bar to reenlistment would be imposed against him.  The applicant was advised by legal counsel of the basis for the contemplated separation action and the right available to him.  The events leading up to the bar is missing from the applicant’s service record.

The applicant’s record shows that on 17 April 1990, he underwent a physical
and mental evaluation and was cleared for separation.

On 23 April 1990, the applicant signed a DA Form 4187, requesting that he be discharged from the service in accordance with Army Regulation 635-200, paragraph 16-5b, due to a locally imposed bar to reenlistment of which he felt he was unable to overcome; that he understood that if he is separated before his normal expiration term of service is approved, it will be for his own convenience; that he understood that recoupment of unearned portions of Enlistment Bonus 
(EB)/Selective Bonus SRB is required; and that once separated he will not be  
permitted to reenlist at a later date.  He declined to submit a statement in his own behalf.

On 23 April 1990, the applicant’s request for discharge was approved by the appropriate authority.  On 3 May 1990, the applicant was discharged, in pay grade E-4, under the provisions of Army Regulations 635-200, paragraph 
16-5b.  He completed 4 years, 6 months and 4 days of creditable active service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge.  Incident to the request the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

On 14 July 1994, the Army Discharge Review Board denied the applicant’s request to change the reason for discharge to hardship.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.  There is no evidence in the records and he has not supplied any to show he had medical problems that would have warranted medical processing.  In fact the applicant stated on his separation physical that he was in good health.

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

__jns___  __le____  __cjp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049922	
SUFFIX		
RECON		
DATE BOARDED	20010329	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19900503	
DISCHARGE AUTHORITY	AR 635-200, Chap 16	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0600	
2.		
3.		
4.		
5.		
6.