MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 April 2002                   
	DOCKET NUMBER:   AR2002066727

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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 his records be corrected to show he served an additional 15 days of active duty.

APPLICANT STATES:  That he needs to have served at least 24 continuous months of active duty to be eligible for Department of Veterans Affairs (VA) medical benefits.  His commander advised him that if he got out he would have full VA medical care.  He could have stayed the additional 15 days if he knew it would make a difference.  He did not realize until he applied for VA medical benefits that he was not eligible.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 22 June 1994.  

On 8 August 1995, the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).  On 4 March 1996, his commander, in consultation with the rehabilitation team, determined the applicant was a rehabilitation failure.

On 6 May 1996, the commander recommended the applicant’s discharge from the Army under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure.

On 7 May 1996, the applicant was advised by counsel of the basis for the contemplated action to separate him and its effects.  He elected not to submit a statement in his own behalf and requested military legal counsel.

The appropriate authority approved the recommendation and directed the applicant be given an honorable discharge.

On 17 May 1996, the applicant’s commander requested a separation date of     28 May 1996 for the applicant.  On 23 May 1996, his commander requested a separation date of 6 June 1996 as the applicant would have insufficient time to clear the command with a separation date of 28 May 1996.

On 6 June 1996, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure.  He had 
completed 1 year, 11 months, and 15 days of creditable active service and had no lost time.  Item 18 of his Certificate of Release or Discharge from Active Duty, DD Form 214, indicates that he did not complete his first full term of service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 provides for the discharge of members based on alcohol or other drug abuse when the soldier is enrolled in ADAPCP and the commander, in consultation with the rehabilitation team, determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitative failure. 

The VA, in determining qualifications for benefits administered by that agency, generally holds that an individual who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until the VA or the Service Department determines that the early discharge amounted to a complete and unconditional separation from the 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 applicant provides no evidence to show he was improperly briefed concerning his eligibility for VA medical benefits nor any evidence to show he would have been allowed to stay on active duty an additional 15 days if he had known he needed that time to obtain those benefits.  

3.  There is insufficient evidence to correct the applicant’s records to show he remained on active duty an additional 15 days or to show that his early discharge amounted to a complete and unconditional separation from the service.

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

__rvo___  __rjw___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066727	
SUFFIX		
RECON		
DATE BOARDED	20020409	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.