MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 April 2003                   
	DOCKET NUMBER:   AR2002078221

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda M. Barker		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 Item 9(d) of his DD Form 214 (Report of Separation from Active Duty) be corrected to show that he was separated on 
16 January 1979.

APPLICANT STATES:  That he is making this request because he is applying for disability compensation in the State of South Carolina.  He submits in support of his request a copy of his DD Form 214 and a copy of a DD Form 215 (Correction to DD Form 214).   

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

On 12 May 1977, he enlisted in the Regular Army for 3 years and training in military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  He completed the training requirements, was awarded MOS 11D, and was assigned to Hawaii.

On 16 January 1978, the applicant returned to the United States Army Transfer Point, Oakland, California, for separation processing and discharge.

Orders Number 10-2, Headquarters, Presidio of San Francisco, California, dated 16 January 1978, shows that the applicant was separated from active duty on that date (16 January 1978).

The applicant's DD Form 214 shows in Item 9(d) that he was separated on 16 January 1977, under the provisions of chapter 13, Army Regulation 635-200, for unsuitability with a general discharge.  He had completed 8 months and 4 days of creditable active military service and he had 2 days of lost time due to being AWOL.

On 15 February 2002, the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, administratively corrected Item 9(d) of the applicant's DD Form 214 to show that his correct effective date of separation is 16 January 1978.  The applicant was provided a DD Form 215 to show this correction.

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 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.

2.  The applicant's effective date of separation is 16 January 1978; this is verified by separation documents in the applicant's records that were signed by him on 16 January 1978 wherein he requested a copy of his DD Form 214.  The ARBA Support Division appropriately corrected the applicant's record and provided him a DD Form 215 that is to be attached to his DD Form 214.

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

__rjw___  __bje___  __lmb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002078221	
SUFFIX		
RECON		
DATE BOARDED	20030408	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19770116	
DISCHARGE AUTHORITY	AR635-200, Chap 13	
DISCHARGE REASON	A40.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.