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ARMY | BCMR | CY2001 | 2001065526C070421
Original file (2001065526C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 June 2002
         DOCKET NUMBER: AR2001065526

         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Melvin H. Meyer Member
Mr. Allen L. Raub 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 Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show his separation date as 25 December 1988.

APPLICANT STATES: That his DD Form 214 was not corrected when his retirement orders were amended.

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

That he initially enlisted in the Army National Guard (ARNG) in January 1946. He was commissioned around January 1956. He transferred to the U. S. Army Reserve around January 1969. He re-entered the ARNG in an enlisted status around January 1980. He entered active duty in an enlisted status in the active Guard/Reserve (AGR) program on 16 January 1981.

Orders P-005311, U. S. Army Reserve Personnel Center dated 28 November 1988 placed him on the retired list in the rank of Colonel on 24 December 1988.

The applicant’s DD Form 214, item 12b shows he was separated from active duty on 24 December 1988.

Orders P-005311A01, U. S. Army Reserve Personnel Center dated 4 January 1989 amended Orders P-005311 to read he was placed on the retired list on 25 December 1988.

Orders 26-2, State of Georgia, Department of Defense, Military Division dated 6 February 1989 discharged the applicant from the ARNG effective 24 December 1988 and assigned him to the U. S. Army Reserve Control Group (Retired) on the day following the effective 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. There is no error on the applicant’s DD Form 214. Item 12b is meant to indicate the date the member was released from active duty. The date of 24 December 1988 is correct and in accordance with Orders 26-2, State of Georgia, Department of Defense, Military Division dated 6 February 1989, which discharged him from the ARNG effective 24 December 1988 and assigned him to the U. S. Army Reserve Control Group (Retired) on the day following the effective date. He was released from active duty on 24 December 1988 and placed on the retired list on 25 December 1988. His retirement orders were amended but his discharge orders were not.

2. 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

__KAK__ __MHM__ __ALR__ DENY APPLICATION



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




INDEX

CASE ID AR2001065526
SUFFIX
RECON
DATE BOARDED 2002/06/18
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.01
2.
3.
4.
5.
6.



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