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ARMY | BCMR | CY2002 | 2002068190C070402
Original file (2002068190C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002068190

         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. Roger W. Able Member
Mr. John T. Meixell 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served 2 months of active duty for training (ACDUTRA) and that he served 4 months of active duty service from October 1958 to January 1959.

APPLICANT STATES: That his DD Form 214 does not show his 4 months of active duty during the period October 1958 to January 1959. He was not aware of the error until he was notified by Veterans Affairs that his tour of duty was misclassified as a 6-month training program only. He states that he completed the Reserve Officers' Training Corps (ROTC) program on 2 February 1957 and was assigned to Fort Belvoir on 30 July 1958.

He claims that he completed 2 months of the Basic Officers Military Orientation Program and was ordered to the U.S. Military Academy Prep School (USMAPS) for 4 months of active duty as an "A/R" [Athletics and Recreation] officer and math instructor.

He further states that line 28 (Service Schools or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully Completed) on his DD Form 214 correctly shows the Basic Officers Military Orientation Program from July 1958 to October 1958. However, he believes that his post assignment at the USMAPS should be added to his DD Form 214 which would qualify him for recognition of his service on active duty.

In support of his application, he submits a memorandum, dated 17 January 2002, and a copy of his DD Form 214.

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

The applicant completed the ROTC program at Ohio State University and was appointed as a Reserve commissioned officer in the Corps of Engineers on 2 February 1957. He was ordered to active duty on 30 July 1958 and was honorably released on 29 January 1959.

The applicant's DD Form 214 shows he was ordered to active duty on 30 July 1958 and was released from ACDUTRA on 29 January 1959. This is a period of 6 months total active service. Item 19 (Current Active Service Other Than By Induction) on his DD Form 214 shows the entry "ORDERED TO 6 MONTHS ACDUTRA."

Item 28 on his DD Form 214 shows he successfully completed the Engineer Officer Basic Course at the U.S. Army Engineer School from July 1958 through October 1958.

The applicant's service personnel records contain Second United States Army Letter Order Number C-7-7, dated 7 July 1958, which ordered him to ACDUTRA for a period of 6 months. These orders further assigned him to the U.S. Army Engineer School, Fort Belvoir, Virginia, to attend the Engineer Officer Basic Course effective 30 July 1958.

The applicant's records also contain a DD Form 220 (Active Duty Report), dated 29 January 1959, which shows he was ordered to active duty on 30 July 1958 and released from ACDUTRA on 29 January 1959.

The U.S. Army Engineer Center at Fort Belvoir, Virginia, published orders on 1 October 1958, which released the applicant from the Engineer Officer Basic Course and attached him to the USMAPS. His DA Form 66 (Officer Qualification Record) shows he was assigned to USMAPS on 30 October 1958 as an assistant training officer and was released from ACDUTRA effective 29 January 1959.

Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing DD Form 214. In pertinent part, it directs that the statement of service will be entered in item 24 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. Evidence of record shows the applicant served on active duty for training from 30 July 1958 through 29 January 1959. His DD Form 214 correctly shows that he served 6 months total active service.

2. The Board considered the applicant's contention that his post assignment at the USMAPS should be added to his DD Form 214. However, evidence of record shows that his assignment to the USMAPS was part of his active duty for training.

3. Based on the foregoing, the Board has determined that there is no error or injustice in this case regarding the applicant's active duty service. Therefore, there is no basis for amending his DD Form 214 to show he served 2 months ACDUTRA and that he served 4 months active duty service.

4. 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.

5. 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_____ JTM_____ RWA_____ DENY APPLICATION



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



INDEX

CASE ID AR2002068190
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020620
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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