MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2002
	DOCKET NUMBER:   AR2002070035

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen A. Heinz		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 an upgrade of his dishonorable discharge.

APPLICANT STATES:  That this Board helped him in 1980, but he still can't get Veterans Administration (VA) benefits.

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 on 18 June 1980 (AC80-01791).

In support of his request, the applicant submits a certificate from The Adjutant General of the Army stating that the applicant was eligible for a complete and unconditional separation at the time of his honorable discharge on 15 February 1961.

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 erroneously believes that this Board upgraded his dishonorable discharge on 18 June 1980.  This is not true; the Board concluded that the discharge was just and equitable.  However, the Board noted that the applicant enlisted for 3 years on 9 January 1959, but took an honorable discharge on 15 February 1961 for the purpose of immediate reenlistment.  This enlistment was not complete and unconditional because the applicant did not finish the full 3-year term.

2.  The Board, in 1980, determined that the applicant's reenlistment on 16 February 1961, which ended with a dishonorable discharge, worked an injustice upon him by depriving him of certain VA benefits from his period of honorable service.  The Board, therefore, recommended that the applicant's honorable discharge for service from 9 January 1959 to 15 February 1961 be considered complete and unconditional.

3.  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.

4.  This Board concurs with the original findings and conclusions of the 18 June 1980 Board decision.  The overall merits of the case, including the latest submission and argument is insufficient as a basis for the Board to reverse its previous decision.

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

__fne___  __slp___  __eja___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070035	
SUFFIX		
RECON		
DATE BOARDED	20021024	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19620127	
DISCHARGE AUTHORITY		
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105.0000	
2.	110.0000	
3.		
4.		
5.		
6.