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ARMY | BCMR | CY2001 | 2001065293C070421
Original file (2001065293C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 January 2002
         DOCKET NUMBER: AR2001065293

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Mr. Walter T. Morrison Member
Mr. Richard T. Dunbar 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 the entry “Garrison Company” be deleted from item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Report of Transfer or Discharge).

APPLICANT STATES: That he was never in the Garrison Company and that he was always in the Third Army Band at Fort McPherson, Georgia. In support of his application, he submits a copy of his Military Pay Voucher and a DA Form 137 (Installation Clearance Record).

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

The applicant was inducted in the Army on 14 November 1961. He successfully completed basic and advanced individual training and was assigned to Fort McPherson, Georgia. The applicant was honorably released from active duty on 13 November 1963.

Item 12 of the applicant’s DD Form 214 shows his last duty assignment and major command as “Garrison Company US Army Garrison Fort McPherson Georgia Third US Army.”

The applicant’s records contain a DD Form 215 (Correction to DD Form 214), dated 6 November 1996, which authorized correction of item 12 of his DD Form 214 to show the entry “GARRISON COMPANY US ARMY GARRISON FORT MCPHERSON GEORGIA THIRD US ARMY BAND”.

His records contain Headquarters, Fort McPherson Troop Command Special Orders Number 218, dated 7 November 1963, which reassigned him to the U.S. Army Reserve Control Group (Annual Training). On the standard name line of these orders, the applicant’s last duty assignment and major command is shown as “Garrison Company, U.S. Army Garrison.”

The applicant’s DA Form 24 (Service Record) also shows his last duty assignment as Garrison Company in Section 4 (Chronological Record of Military Service).

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The version of this regulation, in effect at the time, directs that the last duty assignment and major command or agency having jurisdiction over the losing unit of assignment will be entered in item 12 of the DD Form 214.

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. Notwithstanding the applicant’s contention that he was never in the Garrison Company and that he was always in the Third Army Band, evidence available to the Board shows his last duty assignment and major command was the Garrison Company U.S. Army Garrison at Fort McPherson, Georgia.

2. Based on the governing regulation, in effect at the time, the applicant’s last duty assignment is correctly shown in item 12 of his DD Form 214, as amended by the DD Form 215, dated 6 November 1996. Therefore, there is no basis for deleting the entry “Garrison Company” from his discharge document.

3. 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.

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

GDP____ WTM____ RTD____ DENY APPLICATION



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




INDEX

CASE ID AR2001065293
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020124
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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