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ARMY | BCMR | CY2002 | 2002067068C070402
Original file (2002067068C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2002067068

         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. Raymond V. O’Connor Chairperson
Mr. John P. Infante Member
Ms. Regan K. Smith 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: Correction of item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he served with Company B, 11th Engineer (C) Battalion in Korea.

APPLICANT STATES: That his most significant duty assignment is Company B, 11th Engineer (C) Battalion, IX Corps in Korea. He submits a copy of his DD Form 214 in support of his application.

EVIDENCE OF RECORD
: The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he entered active duty on 14 December 1950. He served in Korea and was honorably released from active duty on 13 September 1952 in the rank of corporal.

The applicant’s DD Form 214 shows his most significant duty assignment as Company A, 112th Engineer (C) Battalion, Camp Polk, Louisiana in item 28.

His discharge document also shows that he served 10 months and 11 days of foreign service. There is no evidence available to the Board which shows the exact dates in which the applicant served in Korea and returned to the continental United States.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. This regulation, in effect at the time in question, directs that the service member’s last unit, or similar element, to which assigned for duty will be entered in item 28 of the DD Form 214. Assignments to units for the purpose of transfer from an oversea command to the United States are considered part of the movement to a separation point.

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 applicant’s DD Form 214 shows his most significant duty assignment as Company A, 112th Engineer (C) Battalion, Camp Polk, Louisiana.

2. Notwithstanding the applicant’s contention that his most significant duty assignment is Company B, 11th Engineer (C) Battalion, IX Corps, Korea, there is no evidence available to the Board which shows that he served with this unit prior to his separation from the service. Therefore, there is no basis for correcting his records to show this unit and his DD Form 214 is correct as currently constituted.


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

RVO_____ JPI_____ RKS_____ DENY APPLICATION



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




INDEX

CASE ID AR2002067068
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020307
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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