MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           16 September 2003                  
		DOCKET NUMBER:   AR2003089271

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:
	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		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:  In effect, that Item 18a (Net Active Service This Period) of his 15 April 1974 separation document (DD Form 214) should be corrected.  

APPLICANT STATES:  In effect, that the net active service contained in his 
DD Form 214 should reflect the proper number of days.  He claims that the current entry “5 months and 27 days” is incorrect.  

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

On 19 October 1973, he enlisted in the Regular Army and entered active duty.  He completed basic training at Fort Ord, California and was assigned to 
Fort Lewis, Washington for training in military occupational specialty (MOS) 
11B (Infantry).  

The applicant’s Enlisted Qualification Record (DA Form 20) confirms that highest rank he attained while serving on active duty was private/E-1, and his record documents no acts of valor, significant achievement, or service warranting special recognition.  

On 22 March 1974, the applicant’s unit commander notified the applicant that action was being initiated action to separate him under the provisions of the Trainee Discharge Program (TDP).  The unit commander stated that the applicant was not qualified for retention due to the fact he could not meet the minimum standards for successful completion of training based on his lack of motivation.  Included in this packet were supporting statements from two noncommissioned officers and the platoon leader responsible for the applicant’s training, and a record of counseling the applicant received on his poor conduct and performance.  

The applicant acknowledged receipt of this notification and completed a statement in which he indicated he did not desire to make a statement or to submit a rebuttal in his own behalf.  He also indicated that he did not desire to have a separation medical examination if the discharge was approved.  

On 11 April 1974, the separation authority approved the applicant’s separation under the provisions of the TDP and directed that he receive an honorable discharge.  On 15 April 1974, the applicant was discharged accordingly.  

The DD Form 214 issued to the applicant confirms that he was discharged 
under the provisions of Department of the Army (DA) Message (MSG) 011510Z, August 1973 (Aug 73), by reason of evaluation and discharge of enlistees before 
180 active duty days.  This document confirms that the applicant entered active duty on 19 October 1973 and separated on 15 April 1974, after completing a total of 5 months and 27 days of creditable active duty service.  
DA Msg 011510Z, Aug 73, provided the authority to separate soldiers prior to the completion of their MOS training for one of the following reasons:  could/would not adapt; could not meet training standards; did not meet moral, mental, or physical standards; or character and behavior disorder.  An honorable discharge was authorized for members separating under this provision. 

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 Board notes the applicant’s contention that the period of service entered in Item 18a of his 15 April 1974 DD Form 214 is incorrect.  However, the evidence of record confirms that he entered active duty on 19 October 1973 and that he was discharged on 15 April 1974.  A computation of this period of service results in a total of 5 months and 27 days of creditable active military service, as is entered in Item 18c of the his DD Form 214.  

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

__FE__  ___KH__  ___MM_ __    DENY APPLICATION

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

INDEX

CASE ID	AR2003089271	
SUFFIX		
RECON		
DATE BOARDED	2003/09/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1974/0415	
DISCHARGE AUTHORITY	DA Msg 011510Z, Aug 73	
DISCHARGE REASON	TDP	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.