MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 February 2002                        
	DOCKET NUMBER:   AR2001061860

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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:  That he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his last period of active service from February 1999-November 1999.  

APPLICANT STATES:  That he was assigned to Fort Benning, Georgia, and was released from Fort Knox, Kentucky.  He also states that he was never issued a DD Form 214 to reflect this period of service.

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

That he served honorably in the Regular Army (RA) from 9 September 1986 through 8 February 1990.  He then entered the US Army Reserve (USAR) Control Group (Reinforcement).  On 31 January 1991, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  He served honorably until he was again transferred to the USAR Control Group (Reinforcement) on 21 February 1991.

The applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served in the Army National Guard (ARNG) from April 1993-June 1993.

On 10 June 1993, the applicant reenlisted in the RA and served on active duty through subsequent reenlistments on 19 November 1995 and 22 November 1996.  On 21 July 1998, he requested separation under the provisions of chapter 6, Army Regulation 635-200, due to his mother's terminal illness and the hardship he and his family were enduring.  His normal expiration term of service (ETS) date was 21 November 1998.  On 31 August 1998, his request for separation was approved.

On 14 September 1998, the applicant was honorably discharged under the provisions of chapter 6, Army Regulation 635-200, due to hardship.  He had served 5 years, 3 months and 4 days of active military service during this period of enlistment.  He had served 3 years, 5 months and 21 days of prior active service.  He also had 3 years, 3 months and 10 days of inactive service.

The applicant's records do not indicate any active Federal service after 14 September 1998; there is no record of his having served on active duty from February-November 1999.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship.  An 

application for such separation will be approved when a service member can substantiate that his or his immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary, and that discharge will improve the situation.  A hardship discharge carries a reentry eligibility (RE) code of RE-3, not eligible to reenlist without a waiver.

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 available evidence does not indicate that the applicant served on active duty after he was discharged in September 1998.  He has provided no evidence to show that he requested and received a waiver or that he served on active duty from February-November 1999.

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

__JHL___  __RJW__  __RTD __  DENY APPLICATION

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

INDEX

CASE ID	AR2001061860	
SUFFIX		
RECON	 	
DATE BOARDED	20020226	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19980914	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A35.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.3500	
2.		
3.		
4.		
5.		
6.