| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Ms. Kathleen A. Newman | Member | ||
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show his correct date of entry into active service.
APPLICANT STATES: In effect, that the date of entry into active service listed on his separation document is incorrect and should be corrected to read
12 January 1946.
EVIDENCE OF RECORD: The applicant’s military records were heavily damaged in the National Personnel Records fire of 1973. Information herein was obtained from those damaged records and show:
The applicant was born on 9 May 1931 and enlisted in the Regular Army on
12 January 1949 for a period of 3 years. He served in Japan from April 1949 to July 1950 and in Korea from July 1950 to June 1951. His awards include the Army Of Occupational Medal (Japan), the National Defense Service Medal and the Korean Service Medal with 3 bronze service stars. The highest rank he attained was private first class. On 27 October 1953, the applicant was undesirably discharged, in the rank of private, under the provisions of Army Regulation 615-368, for undesirable traits of character which rendered retention in the service undesirable.
The applicant’s Enlistment Record (NME Form 4) signed by the applicant, confirms he enlisted in the Army on 12 January 1949 for a period of 3 years.
Army Regulation 15-185, the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records. Paragraph 2-9 states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:
1. The Board notes the applicant’s contention that the date of entry listed on his separation document is incorrect and finds this claim lacks merit. The evidence of record confirms that the applicant authenticated by signature on the NME Form 4 that he enlisted in the Army on 12 January 1949 for a period of 3 years. Lacking evidence to the contrary, the Board concludes the date of entry listed on his separation document is correct.
2. The evidence of record also confirms that the applicant’s date of birth (DOB) is 9 May 1931. The Board notes that if the applicant would have enlisted on
12 January 1946, as he contends he would have been 14 years of age and ineligible for entrance into the Army.
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
__MHM__ __KAN__ __DPH__ DENY APPLICATION
| CASE ID | AR2002069367 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/05/14 |
| 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. | 110.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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