MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:          7 October 2003                   
		DOCKET NUMBER:  AR2003087248

	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. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Robert L. Duecaster		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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was discharged on or about 3 January 1970.  He states that he is making the request so “I can use my V.A. benefits.”

APPLICANT STATES:  That the record is in error because he was not released from active duty on 11 January 1967; rather, he states that he was released from active duty on or about 3 January 1970.  In support of his request, the applicant describes the duties he performed while he was at Fort Ord.  He also refers to the pay he received and provides the names of his “barracks sergeant” and base commander at the time, whom the applicant states knew of his presence at Fort Ord during the period.

EVIDENCE OF RECORD:  The applicant's military records show that he enlisted in the US Army Reserve (USAR) on 22 November 1965 for a period of six years. He was ordered to active duty for training on 25 August 1966 and reported to Fort Ord, California for basic combat and advanced individual training.

Upon reporting to the Reception Station at Fort Ord, the applicant applied for classification as a conscientious objector and was deferred from training pending determination of his application.  On 16 September 1966, the applicant signed a statement acknowledging possible non-entitlements to benefits administered by the Veteran’s Administration due to discharge from the military service as a conscientious objector.  

On 8 December 1966, the applicant was found to be ineligible for classification as a conscientious objector.  He was advised of his ineligibility on 5 January 1967 and on 6 January 1967, he executed a statement declining to extend his enlistment agreement for the purpose of completing the required training.  He continued to perform general military duties until his release from active duty for training on 11 January 1967.  He did not complete basic combat or advanced individual training.

On 26 April 1967, the applicant signed a statement declining to agree to an additional nineteen weeks of training for the purpose of completing basic military training and obtaining a viable military occupational specialty.  In the same statement he requested discharge from the USAR for the convenience of the government.  He remained in the USAR until 13 October 1967, when he was discharged by reason of convenience of the government under the provisions of paragraph 23h, Army Regulation 135-178. (Separation of Enlisted Personnel).

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.  Evidence of record shows that the applicant served on active duty from 25 August 1966 to 11 January 1967, for a total of 4 months, 17 days.

2.  The applicant has not provided evidence that he served on active duty subsequent to 11 January 1967.

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 this 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

___slp___  ___rld ___  ___fne__  DENY APPLICATION

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

INDEX

CASE ID	AR2003087248	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031007	
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.		
2.		
3.		
4.		
5.		
6.