Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9711062
Original file (9711062.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 10 November 1998
         DOCKET NUMBER: AC97-11062

         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. Loren G. Harrell Director
Mr. Jessie B. Strickland Analyst

         The following members, a quorum, were present:

Mr. Calvin M. Fowler Chairperson
Ms. Irene N. Wheelwright Member
Ms. Margaret K. Patterson Member

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         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 his report of separation (DD Form 214) be corrected to reflect his attendance at a Geneva Convention class.

APPLICANT STATES: The applicant states that the course he attended on military justice was included on his DD Form 214; however, his attendance of a class on the Geneva Convention was not entered on his DD Form 214.

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

The applicant was inducted on 21 January 1965. He successfully completed his training as an infantry indirect fire crewman and was transferred to Korea on 3 July 1965, where he served until 1 August 1966 when he was transferred to Fort Carson, Colorado.

He continued to serve until he was discharged under honorable conditions on 17 August 1968. At the time of his discharge his DD Form 214 indicated that he had completed courses in ATP 21-114, the Code of Conduct, and Course B of Military Justice. There is no indication in his records that he received training on the Geneva Convention.

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 the aforementioned requirement.

2. The evidence of record fails to shows that the applicant attended a course on the Geneva Convention that warranted an annotation of his records or qualified for entry onto his personnel qualification records at the time.

3. The applicant’s contentions have been noted by the Board. However, they are not supported by the evidence submitted with his application nor the evidence of record.

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

___cmf__ __inw ___ __mkp __ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director

Similar Decisions

  • ARMY | BCMR | CY1997 | 9709670

    Original file (9709670.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY1997 | 199710212

    Original file (199710212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. He had served 3 years and 14 days of total active service before being honorably discharge on 27 February 1995 to accept a commission as a warrant officer and to attend the warrant officer basic course. On 24 July 1996 the applicant tendered his unqualified resignation from the Army under the provisions of Army Regulation 600-8-24, chapter 3, paragraph 3-5.

  • ARMY | BCMR | CY1997 | 9709683

    Original file (9709683.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY1997 | 9711476

    Original file (9711476.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY1997 | 9709817

    Original file (9709817.rtf) Auto-classification: Denied

    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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. On 23 June 1965, the appropriate separation authority approved the applicant’s separation under the provisions of Army Regulation 635-89, paragraph 6, and...

  • ARMY | BCMR | CY1997 | 9711482

    Original file (9711482.rtf) Auto-classification: Denied

    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. EVIDENCE OF RECORD : The...

  • ARMY | BCMR | CY1997 | 9708813

    Original file (9708813.rtf) Auto-classification: Denied

    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. However, it does include an...

  • ARMY | BCMR | CY1997 | 9705439

    Original file (9705439.rtf) Auto-classification: Denied

    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. 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...

  • ARMY | BCMR | CY1997 | 9705212A

    Original file (9705212A.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY1997 | 199706345

    Original file (199706345.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his general discharge under the Special Discharge Review Program (SDRP) be upgraded to honorable. On 25 August 1976 he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge to honorable.