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ARMY | BCMR | CY2001 | 2001064490C070421
Original file (2001064490C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001064490

         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. Luther L. Santiful Chairperson
Mr. Roger W. Able Member
Mr. Terry L. Placek 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 his date of entry be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT STATES: That the date of entry on his DD Form 214 is incorrect. He contends that he went into the Army on 6 January 1955 instead of 6 January 1956 as shown. He also contends that he served in Korea and remembers being told that he would qualify as a wartime veteran. He states that they were still taking fire from across the “DMZ” when he was there. In support of his application, he submits an undated letter from a Veterans Service Officer in Ontario, Oregon; and a letter, dated 12 February 1998, from his physician.

EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 6 January 1956 for a period of 3 years. He served as a light weapons infantryman and was honorably discharged on 26 September 1957.

Item 19c (Date of Entry) on the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “6 Jan 56” [6 January 1956].

The applicant was issued a DD Form 214 at the time of his release from active duty on 26 September 1957 which covers his period of service from 6 January 1956 through 26 September 1957, a total of 1 year, 8 months and 21 days.

The available records do not contain the applicant’s enlistment contract.

There is no evidence in the available records which shows the applicant served on active duty during the Korean War.

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 considered the applicant’s contention that his date of entry is incorrect on his DD Form 214. However, evidence of record shows that on
26 September 1957 the applicant signed his discharge document attesting that his date of entry was 6 January 1956, not 6 January 1955. Therefore, item
19c (Date of Entry) on the applicant’s 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

LLS____ RWA_____ TLP_____ DENY APPLICATION



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




INDEX

CASE ID AR2001064490
SUFFIX
RECON
DATE BOARDED 20020108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.0200
2.
3.
4.
5.
6.


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