MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 May 2003                   
	DOCKET NUMBER:   AR2002080515

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Mr. Mark D. Manning 		Member	
	Mr. Robert 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 item 19c (Date of Entry) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show 20 August 1955 instead of 20 August 1956.  He also requests, in effect, that he be paid his "mustering out pay" and that he be awarded any awards and decorations to which he may be entitled.   

APPLICANT STATES:  That the year of entry on his DD Form 214 is incorrect, that he did not receive his "mustering out pay" and that he never received his medals and ribbons which he earned in service.  In support of his application, he submits a letter, dated 22 August 2000, from the State of New York Division of Veterans' Affairs (VA) which shows the applicant is in receipt of a monthly benefit from the VA for a service-connected disability rated at 100 percent.

The Board notes that the applicant provided handwritten statements at the bottom of the VA letter, dated 22 August 2000.  He contends that the VA should look into the matter of him receiving a service-connected disability, that he never received one cent for a disability and that he was told that he could sue the government for inducting him in the service at the age of 16.

The applicant's contention pertaining to a service-connected disability is a matter within the purview of the VA.  As such, the Army Board for Correction of Military Records does not have jurisdiction over this matter and it will not be discussed further in this Memorandum of Consideration.

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  The applicant's DD Form 214 shows that he was called from Reserve Duty on 20 August 1956 for a period of 2 years.  He served as a construction machine operator.  On 
2 December 1957, the applicant was honorably discharged under the provisions of Army Regulation 635-205, paragraph 2, for the convenience of the government.

Item 19c (Date of Entry) on the applicant's DD Form 214, which was authenticated in his own hand, shows the entry, "20 Aug 56" [August 1956].

Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows the entry, "NONE."

The applicant's service record is not contained in the available records. 

The applicant's pay records are not contained in the available records.

Review of the available records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any awards or decorations.
The applicant's DD Form 214 shows he was called to active duty at the age of 17.  The available records do not contain information pertaining to the date of his induction or enlistment in the Enlisted Reserve.   

Army Regulation 635-205, in effect at the time, set forth the basic authority for the separation of enlisted personnel for convenience of the government.  Paragraph 2 states, in pertinent part, that separation of enlisted personnel is the prerogative of the Secretary of the Army and will be effected only by his authority. Except as delegated by these regulations or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for convenience of the Government will be at the Secretary’s discretion and with the type of discharge as determined by him.  Such authority may be given either in an individual case or by an order applicable to all cases specified in such order.

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 that the applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.

2.  The Board considered the applicant's contention that he entered active duty on 20 August 1955, not on 20 August 1956.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

3.  The applicant's DD Form 214 shows he was called from Reserve Duty on 
20 August 1956.   

4.  The applicant signed his DD Form 214 on 2 December 1957 attesting to the fact that he entered active duty on 20 August 1956.  Based on the foregoing, the Board determined that item 19c (Date of Entry) on the applicant's DD Form 214 is correct as currently constituted.

5.  The Board considered the applicant's contention that he did not receive his "mustering out pay."  However, the applicant has provided no evidence to support this contention.  Since the applicant's pay records are not available to the Board, the Board is unable to make any determination pertaining to the applicant's pay.

6.  The Board also considered the applicant's contention that he never received his medals and ribbons which he earned in service.  However, the applicant has provided no evidence which shows he is entitled to any awards or decorations.

7.  The applicant's DD Form 214 shows the entry, "NONE" in item 
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Based on the foregoing, the Board determined that there is no evidence upon which to base any awards or decorations in this case.    

8.  The Board noted the applicant's contention that he was told that he could sue the government for inducting him in the service at the age of 16.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was inducted at the age of 16. 

9.  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.

10.  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

SAC____  MDM____  RD______  DENY APPLICATION

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

INDEX

CASE ID	AR2002080515	
SUFFIX		
RECON		
DATE BOARDED	20030508	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.	128.0000	
3.	107.0000	
4.		
5.		
6.