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Decision Text

ARMY | BCMR | CY2001 | 2001057537C070420
Original file (2001057537C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 OCTOBER 2001
         DOCKET NUMBER: AR2001057537


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Kathleen A. Newman Member
Mr. Ronald E. Blakely Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that he be issued a DD Form 214 (Report of Separation from the Armed Forces of the United States) indicating that he served on active duty between 22 August 1952 and 12 July 1957.

3. The applicant’s records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis. The only two documents available to the Board were a July 1954 DD Form 214 and a June 1957 separation order. Those documents indicate that the applicant initially entered active duty on 22 August 1952 and served until 12 July 1954 when he was discharged for the purpose of immediate reenlistment. The 17 June 1957 order, issued by the U.S. Army Personnel Center at Fort Buchanan, Puerto Rico indicates the applicant was released from active duty “not by reason of phys disability” on 17 June 1957 and assigned to “Det[achment] 1 7572d USAR Con[trol] Gr[oup]” in San Juan, Puerto Rico effective 18 June 1957 “for the purpose of completing 8 yrs[years] active and reserve Svc[service]….” The orders note that the applicant would be “given a Report of Separation (DD Form 214)….”

4. Army Regulation 635-5 and Army Regulation 635-205, in effect at the time, both provided that individuals discharged or released from active duty would be “furnished a factual record of military service rendered, the character and duration thereof, and the type of separation on DD Form 214.”

5. In the absence of more complete records, officials at the Army Review Board’s Agency Support Activity in St. Louis, indicated that a DD Form 303a (Certificate in Lieu of Lost or Destroyed Discharge) is issued.

CONCLUSIONS:

1. The evidence clearly indicates that the applicant served an initial tour of active duty between 22 August 1952 and 12 July 1954 and was issued a DD Form 214 at the time he was discharged for the purpose of immediate reenlistment. The evidence then indicates that he served until 17 June 1957 when he was released from active duty and transferred to the U.S. Army Reserve. Unfortunately, beyond that limited information, no additional information regarding the applicant’s service between 13 July 1954 and 17 June 1957 is known.

2. While it would be inappropriate to merely correct the applicant’s 1954 DD Form 214 to show that he continued to serve until June 1957, it would, in the interest of justice, be appropriate to issue a DD Form 303a as a means of certifying his additional period of active duty.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Form 303a (Certificate in Lieu of Lost or Destroyed Discharge) reflecting his Army service between 13 July 1954 and 17 June 1957.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RJW__ __KAN __ __REB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond J. Wagner___
                  CHAIRPERSON




INDEX

CASE ID AR2001057537
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011025
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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