MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:           10 May 2000                  
	DOCKET NUMBER:   AR1999029383

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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, the applicant requests that he receive credit for 9 days of military service, or that he be recalled to active duty for the appropriate period of time in order to be considered a military veteran.  

APPLICANT STATES:  In correspondence to the President and to other persons, the applicant stated that he had tried on numerous occasions to enlist in the Army, but was rejected because of his asthma.  He did succeed in enlisting in the Army National Guard, completed basic training at Fort Dix, New Jersey, and while at advanced training volunteered for the Regular Army.  While at advanced training he got very sick and was admitted to the hospital, where a doctor found out that he had asthma.  He went before a medical board, which recommended his discharge.  He tried to stay in, but to no avail.  He was informed that he could not get veterans benefits because he had to have 180 days of service to be considered a veteran.  He states, in effect, that he would like the American flag presented to his family at the time of his death.  He states that the VA informed him that he needed 20 years of service in order for this to be.  He states that he does not want any veterans benefits at all, and is willing to sign any waiver excluding him from those benefits; however, states that he needs the 9 days waived or be given credit for those 9 days in order to be considered a veteran.  He states that all he wants is to be considered a veteran.  

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

The applicant enlisted in the Massachusetts Army National Guard for three years on 12 March 1962.  An 8 March 1962 report of medical examination indicates that he was medically qualified for enlistment with a physical profile serial of        1 1 1 1 1 1.  In the report of medical history he furnished for the examination, the applicant stated that he was sound and well, and did not list any ailments, to include asthma, chronic cough, or shortness of breath, past or present. 

The applicant’s DD Form 214 shows that he was ordered to active duty for training and entered active duty on 15 April 1962.

A 25 July 1962 report of medical examination shows that the applicant had asthma, perennial, allergen undetermined, and that he was unfit for military service with a physical profile serial of 4 1 1 1 1 1.  It was recommended that he appear before a medical board.  The narrative summary indicates that the applicant purposely did not indicate that he had asthma when he enlisted in the National Guard.  

On 26 July 1962 the applicant requested discharge because of his physical disability.  He stated that he had been notified that he was considered unfit for retention because of a physical disability which was considered to have existed prior to 15 April 1962.

A 31 July 1962 clinical record indicates that the applicant had spent 19 days in the hospital and was discharged from the hospital, with a diagnosis of asthma that existed prior to his service (EPTS), for duty and subsequent separation from the Army.

The applicant was released from active duty on 14 August 1962 because of his medical disqualification which existed prior to service, and returned to the Massachusetts Army National Guard.  He had 4 months of service, and 1 month and 3 days of prior service.

The applicant was discharged from the Massachusetts Army National Guard and as a Reserve of the Army on 1 September 1962.  He had 5 months and 21 days of service.

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 had 5 months and 21 days of service, both active and inactive.  He was discharged because of his asthmatic condition, which had been present prior to his enlistment, as he attests.   
 
2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.  There is no good reason to grant him 9 days or to recall him to active duty for 9 days in order to satisfy his desire to be considered a veteran, in accordance with rules promulgated by the VA.  He may wish to consider himself a veteran solely by virtue of his Army service.

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 the aforementioned 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

___tbr___  ___gdp__  ___mkp__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029383	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000510	
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.  177	110.00	
2.		
3.		
4.		
5.		
6.