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ARMY | BCMR | CY2001 | 2001054534C070420
Original file (2001054534C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 August 2001
         DOCKET NUMBER: AR2001054534

         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. John H. Kern Chairperson
Ms. Paula Mokulis Member
Mr. Thomas Lanyi 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, correction of his DD Form 214 (Report of Transfer or Discharge) to show that he served 2 years of total active service, instead of 1 year, 11 months and 29 days.

APPLICANT STATES: In effect, that his Government pension is based on
18 years of civil service and 1 year, 11 months and 29 days of active duty. He
contends that he needs credit for one day of active duty to receive his Government pension.

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

The applicant was inducted on 21 November 1963. He served as a clerk and was honorably released on 19 November 1965 and transferred to the United States Army Reserve Control Group (Annual Training).

The applicant’s DD Form 214, which was authenticated in his own hand, does not show 2 years of total active service. Item 24b (Statement of Service/Total Active Service) on the applicant’s DD Form 214 shows that he served 1 year,
11 months and 29 days of total active service.

Army Regulation 635-5 (Personnel Separations) establishes the standardized policy for preparing and distributing the DD Form 214. It states, in pertinent part, that the amount of service entered in item 24 (Statement of Service) will be computed by subtracting the beginning date of enlistment from the separation date.

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 evidence of record shows the applicant was inducted on 21 November 1963 and was honorably released on 19 November 1965. His total active service computes to 1 year, 11 months and 29 days. Therefore, item 24b (Statement of Service/Total Active Service) on his DD Form 214 is correct as currently constituted.

2. 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.

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

JHK____ PM______ TL______ DENY APPLICATION



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




INDEX

CASE ID AR2001054534
SUFFIX
RECON
DATE BOARDED 20010823
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 113.0000
2.
3.
4.
5.
6.


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