MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 March 2002                   
	DOCKET NUMBER:   AR2001065880

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		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 his Report of Transfer or Discharge, DD Form 214, be corrected to show his Vietnam service and awards and that his medical records be provided to him.

APPLICANT STATES:  The applicant makes no additional statement with this application.  In 1991, he had written his Congressman contending that he served in the Army from 1967 – 1981 and served in Vietnam but the Army would not correct his DD Form 214.  He also contended that the Army told him his medical records were loaned out to either Clark Air Force Base or the Veterans Affairs (VA) hospital at Fort Leavenworth, KS.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 11 December 1973.  When he completed, in his own handwriting, his Statement of Personal History, DD Form 398, he indicated that he was in Turner High School to 1970 (item 9); that he was employed by Lake Park D.I. (acronym unknown), Kansas City, KS from June 1966 to November 1970 and with four other civilian employers from December 1970 to December 1973 (item13); and he resided in Kansas City, MO from 1966 to 1971 and Sunflower, KS from 1971 to the present (item 15).  When he completed, in his own handwriting, his National Agency Check Request, DD Form 1584, he indicated he resided in Sunflower, KS from November 1968 to December 1973.

On 21 January 1974, the applicant’s commander initiated separation action on the applicant under the provisions of Department of the Army message 011510Z August 1973, SUBJECT:  Evaluation and Discharge of Enlistees before 180 Active Duty Days (later incorporated into Army Regulation 635-200, chapter 5 as the Trainee Discharge Program).  The commander noted that the applicant was unable to adjust emotionally and physically to military life.  

On 21 January 1974, the applicant acknowledged notification of the action, did not desire to have counsel assist him, and elected not to make a statement in his own behalf.

On 24 January 1974, the applicant received a mental status evaluation.  The evaluation found him to be capable of distinguishing right from wrong and adhering to the right, to be responsible for his actions, and to possess the mental and emotional capacity to understand and participate in board and other proceedings.  He was diagnosed with having a moderate character/behavior disorder.

On 11 February 1974, the appropriate authority approved the recommendation and directed the applicant be given an honorable discharge.

On 13 February 1974, the applicant was discharged with an honorable discharge in pay grade E-1.  He had completed 2 months and 3 days of creditable active service and had no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  As incorporated into chapter 5, the Trainee Discharge Program provided that commanders could expeditiously discharge members who lacked the necessary motivation, discipline, ability or aptitude to become productive soldiers when those individuals were voluntarily enlisted in the Regular Army, Army National Guard or U.S. Army Reserve; were in basic training or in advanced individual training and had completed no more than 179 days active duty or initial active duty for training on current enlistment by the date of discharge; and demonstrated that they were not qualified for retention for reasons such as demonstrating character and behavior characteristics not compatible with satisfactory continued service.

On 25 April 1989, in response to a Congressional inquiry, the applicant was informed, through his Congressman, that his medical records had been lent to the VA and suggested the applicant contact his nearest VA Regional Office for further assistance.  He was provided a copy of his DD Form 214 at that time.

On 19 October 1991, in response to a Congressional inquiry, the applicant was informed, through his Congressman, that his medical records had been lent to the VA and suggested the applicant contact his nearest VA Regional Office for further assistance.  He was provided a copy of his complete personnel records at that time and informed that he enlisted on 11 December 1973 with no known prior service and was separated on 13 February 1974 after having completed no overseas service and with no record of subsequent service.

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 evidence of record, as provided in the applicant’s own handwriting, shows that he lived in Kansas from 1966 until he enlisted in the Army in December 1973 and so could not have served in Vietnam.  The evidence of record verifies that he was discharged on 13 February 1974 under the Trainee Discharge Program.  

3.  Again, the applicant should contact his nearest VA Regional Office for assistance in obtaining his medical records.  
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

__inw___  __rjw___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065880	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	124.00	
3.		
4.		
5.		
6.