MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 May 2002                    
	DOCKET NUMBER:  AR2001061846

	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:

	Mr. Samuel A. Crumpler 		Chairperson	
	Mr. Kenneth W. Lapin 		Member	
	Mr. John T. Meixell		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: Reconsideration of his request for upgrade of his general discharge to honorable.  He now also requests award of the hardship medal (sic) and the expeditionary medal.

APPLICANT STATES: “That medical conditions that I incurred in service causes the problems of adapting to orders and appearing on duties.  The Articles 15’s should be moved off and reimbursed toward the veteran.”  He provides copies of Department of Veterans Affairs (VA) records and correspondence and one letter of support dated 1 November 2001. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records, which were summarized in a memorandum prepared to reflect the Board's original consideration of his case (AC92-10609) on 6 April 1994.

The Discharge Review Board denied his previous requests for discharge upgrade on 18 November 1981 and 16 September 1993.

The applicant has provided evidence to show diagnosis by the VA on 22 August 2000 with hypertension occurring subsequent to service.

The letter of support is from a Command Sergeant Major stating the applicant has made positive adjustments in his life, he is on the right path, and he deserves a second chance.

The applicant was medically qualified for separation on 14 August 1981.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after      1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for            30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in this regulation.  The governing regulation for award of the AFEM does not show that it was awarded for service in Germany during the period from 23 May 1980 to 13 August 1981.

Army Regulation 600-8-22 does not include a hardship medal.

Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

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 applicant’s general discharge was properly determined by competent authority at the time of his separation.  He has not provided evidence to show otherwise.

2.  There is no evidence of record that the applicant qualified for award of the AFEM and the Hardship Medal (sic) cannot be identified as a United States decoration; therefore, the applicant is not entitled to either award.  There is no error of injustice in his record. 

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision concerning his discharge.

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

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

_sac____  _jtm____  _kwl____    DENY APPLICATION

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

INDEX

CASE ID	AR2001061846	
SUFFIX		
RECON		
DATE BOARDED	20020507	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108	
2.		
3.		
4.		
5.		
6.