MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  19 September 2002
	DOCKET NUMBER:  AR2002070725

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Melinda M. Darby		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 DD Form 214 be corrected to show his correct dates of service.

APPLICANT STATES:  That he entered the Army in June 1970 and was discharged on 14 November 1974.  His DD Form 214 (Report of Transfer or Discharge) only shows 2 months and 14 days service.

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

He enlisted in the Army Reserve Delayed Entry Program (DEP) on 11 August 1972, with an expected active duty service date of 7 September 1972.  The applicant's Statement of Personal History shows that he was attending high school from September 1969 to April 1971 and obtained civilian employment from April 1971 to July 1972.  His Enlistment Contract shows his Basic Pay Entry Date as 11 August 1972 and his Basic Active Service Date as 7 September 1972.  He signed his Oath of Enlistment on 7 September 1972.  On 7 September 1972, Special Orders Number 179 were issued which separated the applicant from the DEP effective 6 September 1972, for the purpose of enlistment in the Regular Army effective 7 September 1972.

On 11 October 1972, the applicant was admitted to an Army hospital after a suicide gesture by taking an overdose of an unnamed drug.  A mental status examination revealed, "Patient is alert, oriented x3, with appropriate affect.  Mood is depressed.  No loose associations.  Mental content is 'I want out.'"  The resulting diagnosis was "Personality, passive-dependent, chronic-moderate, manifested by suicidal gesture, depression, over separation from family, and poor stress tolerance."  It was also determined to have existed prior to his entry in service.  He was referred to a Medical Evaluation Board (MEB).

The 16 October 1972 MEB resulted in the diagnosis of "Personality, passive-dependent, chronic-moderate, manifested by suicidal gesture, depression over separation from family, and poor stress tolerance."  The MEB recommended that the applicant be separated from the service for this condition that existed prior to service.  The findings and recommendations of the MEB were approved and the applicant concurred on 16 October 1972.

Effective 24 October 1972, the applicant was honorably discharged under authority of Army Regulation 635-200, chapter 5, for not meeting medical fitness standards at the time of enlistment.  He was credited with 1 month and 18 days active duty and 26 days inactive service for his time in the DEP.

In an undated letter to the Army Enlisted Records and Evaluation Center (EREC), the applicant requested a copy of his DD Form 214 stating that he enlisted in March 1972 and was separated on 24 November 1972.  EREC responded to his request on 9 October 1981 with a copy of his DD Form 214.

Army Regulation 635-200, in effect at the time, provided for the separation of enlisted personnel.  Chapter 5 authorized the discharge of personnel who did not meet the medical fitness standards when accepted for enlistment when an MEB determined that the individual had a medical condition which would have permanently disqualified him for entry in the service had the condition be detected at the time of enlistment.

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 evidence of record clearly shows that the applicant enlisted on 11 August 1972 and entered active duty on 7 September 1972.  The records also show that he was appropriately discharged effective 24 October 1972 and that the applicant concurred with the reason for his separation.  His DD Form 214 is correct as currently constituted.

2.  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.

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

__jl___  __rb___  __md______  DENY APPLICATION

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

INDEX

CASE ID	AR2002070725	
SUFFIX		
RECON		
DATE BOARDED	20020919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.02	
2.	110.01	
3.		
4.		
5.		
6.