MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 April 2000
	DOCKET NUMBER:   AR1999031647

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Sherri V. Ward		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 he be entitled to receive educational benefits for his service.

APPLICANT STATES:  In effect, that he has been unjustly denied benefits because he was unjustly discharged from the service because of incompetent medical personnel who improperly diagnosed his condition.  He further states that as a result of his being improperly discharged he was denied the opportunity to attend OCS, flight school, college and other training that he would have been afforded as an officer.  As a result his career was cut short and he has been denied the opportunity to take advantage of benefits which he has earned.

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

He enlisted in Los Angeles, California on 27 May 1986 for a period of 3 years and training in the infantry career management field.  At the time of his enlistment he did not sign the portion of his contract that offered him the option to enroll in the Veterans Educational Assistance Program (VEAP), which would require him to pay $100.00 per month (non-refundable) for the first 12 months in return for $300.00 per month of educational benefits for 36 months ($10,800.00).   

Although the facts and circumstances surrounding his discharge are not present in the available records, his records do show that an Entrance Physical Standards Board (EPSB) Proceedings was conducted on 4 September 1986 which indicates that the applicant suffered from chronic right wrist pain that existed prior to entry into the service (EPTS) and recommended that he be separated from the service.  The proceedings were approved on 9 September 1986.

On 24 September 1986, while still in his advanced individual training, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet medical fitness standards – no disability.  He had served 3 months and 28 days of total active service.

A review of the applicant’s records shows that he was a high school graduate, that he had a general technical (GT) score of 94, and that he had no officer candidate test (OCT) score.

Army Regulation 351-5 in effect at the time, prescribed the eligibility criteria for OCS attendance.  It states, in pertinent part, that individuals who apply for attendance at OCS must have a GT score of 110 or higher, must have a minimum of 2 years of college from an accredited college or university, and must have an OCT score of 115 or higher. 

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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative discharge was accomplished in accordance with the applicable laws and regulations with no violations of any of the applicant’s rights. 

2.  Although the Board does not have jurisdiction over the administration of Veterans’ benefits, the applicant did not participate in or contribute to the VEAP for the minimum amount of time necessary to become vested in the program and therefore is not entitled to receive those benefits.  Accordingly, there is no basis to grant him a benefit that is not afforded to others in similar circumstances.

3.  The applicant’s contention that he was denied the opportunity to attend OCS as well as all of the other benefits associated with being a commissioned officer, appear to be without merit.  The applicant did not possess the minimum qualifications necessary to apply for OCS and therefore his ability to attain such qualifications and to be accepted for attendance is speculative at best on his part.

4.  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.

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

___sw___  ___fe___  ___cla___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031647	
SUFFIX		
RECON		
DATE BOARDED	2000/04/13	
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.  23 	103.0000/EDUC BENEFITS	
2.		
3.		
4.		
5.		
6.