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ARMY | BCMR | CY2002 | 2002075039C070403
Original file (2002075039C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002075039

         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
Mr. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae M. Bullock 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: In effect, that his separation document (DD Form 214) be amended to show his Korean service.

APPLICANT STATES: In effect, that he served two enlistments, the first from
26 January 1949 through 19 September 1952; and the second from 20 September 1952 through 3 September 1957. He claims that he served in Korea and it is not recorded in his DD Form 214.

EVIDENCE OF RECORD: The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire.

The available evidence includes a DD Form 214 and a correction to this document (DD Form 215), dated 8 January 1964. The original separation document was issued to the applicant on the date of his separation from active duty, 3 September 1957. It showed that he entered the period of service covered by the DD Form 214 on 20 September 1952, and was separated under the provisions of Army Regulation 635-209 for unsuitability after completing 4 years,
11 months, and 10 days of active military service on the period covered by the report. It also showed that he had completed a total of 1 year, 10 months, and 11 days of foreign service.

The DD Form 215 issued to the applicant on 8 January 1964 amended the following items of the original DD Form 214 to read as indicated: Item 19a (Current Active Service Other Than by Induction) - Enlisted, prior service;
Item 19b (Term of Service) - 3; Item 19c (Date of Entry) - 26 January 1949;
Item 20 (Prior Regular Enlistments) - None; Item 21 (Grade, Rate or Rank at Time of Entry into Current Active Service) - Recruit; Item 22 (Place of Entry into Current Active Service) - Buffalo, New York; Item 24a(1) (Net Service This Period) - 8 years, 7 months, and 4 days; Item 24a(2) (Other Service) - 1 year,
8 months, and 0 days; and Item 24a(3) (Total) - 10 years, 3 months, and 4 days.

In addition, the DD Form 215 amended Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the original DD Form 214 to add the following award: Expert Badge with Carbine BAR; and Item 32 (Remarks) was amended to add the following entries: “Honorably Discharged 19 Sep 52 to reenlist” and “Reenlisted RA 20 Sep 52 for 6 yrs.”


The DD Form 215 did not amend or correct the period of foreign service listed in the original DD Form 214, and neither document gives any indication of where or during what period the applicant served in any specific overseas areas. Korea is not mentioned in either the 3 September 1957 separation document or in the
8 January 1964 correction.

In connection with the processing of this case, a member of the Board staff reviewed unit historical files maintained at the National Archives to see if the specific dates that the applicant served in Korea could be determined. While morning report entries dated 6 and 17 August 1952 showed the applicant in the 98th Quartermaster Battalion, Pusan, Korea, no other information or service dates in Korea pertaining to the applicant were found.

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 Board notes the applicant’s request that his service dates in Korea be added to his separation document. However, while it is clear the applicant served in Korea, the specific dates of his service cannot be established from the available evidence of record or from the independent evidence he provided. Thus, in view of the lack of supporting evidence, the Board is compelled to deny the requested correction applied for by the applicant in this case.

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

__MKP__ __JLP _ __MMB __ DENY APPLICATION




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



INDEX

CASE ID AR2002075039
SUFFIX
RECON
DATE BOARDED 2003/01/14
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1957/09/03
DISCHARGE AUTHORITY AR 635-209
DISCHARGE REASON Unsuitability
DENY (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 251 120.0000
2.
3.
4.
5.
6.



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