MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 JULY 2002                   
	DOCKET NUMBER:   AR2002068338

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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, disability separation.

APPLICANT STATES:  That his DD Form 214 (Certificate of Release or Discharge from Active Duty) incorrectly lists the reason for his separation as ”Dependency”, when he should have received a “Hardship-Medical” discharge under honorable conditions, as stated by a USAREUR (U.S. Army-Europe) Review Board.  The applicant submits no evidence in support of his claim.

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

The applicant enlisted in the Regular Army on 29 September 1981 for a period of 4 years.  He successfully completed basic and advanced individual training, and  served in Germany from April 1982 to June 1983.

On 14 June 1983, the applicant’s request to be released from active duty to accept an assignment in the U.S. Army Reserve, with the 245th Maintenance Company in St. Louis, Missouri, was approved.

In June 1988, medical personnel determined that a separation medical examination, under the provisions of Army Regulation 40-501 was not required.

The facts and circumstances concerning the applicant’s release from active duty are not in the available records.  However, his DD Form 214 shows he was honorably released from active duty on 14 June 1983, under the provisions of Army Regulation 635-200, paragraph 6-3a, for dependency, and transferred to the 245th Maintenance Company in St. Louis, Missouri.  At the time of his separation the applicant had completed 1 year, 8 months and 16 days of active service.

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 situation or 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. 

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.  There is no evidence in the available records nor did the applicant provide documentation to substantiate his claim that he should have received a hardship medical discharge as determined by a USAREUR Review Board. 

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

3.  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 that requirement.

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__  __SK  ___  __JPI___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068338	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.