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ARMY | BCMR | CY2002 | 2002077312C070215
Original file (2002077312C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002077312

         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
Ms. Barbara J. Ellis Member
Ms. Karen A. Heinz 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 19 (Current Active Service Other Than By Induction) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "HARDSHIP" instead of "ORDERED TO ACDUTRA [ACTIVE DUTY FOR TRAINING]."

APPLICANT STATES: That his father was sick with cancer and he was the sole surviving son. He also states that he was released to his Reserve unit on a Hardship discharge. He claims that he has applied for veteran health benefits and will be approved if item 19 on his discharge document shows "Hardship." In support of his application, he submits a copy of his DD Form 214.

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

The applicant enlisted in the U.S. Army Reserve (USAR) on 29 January 1964 for a period of six years. He was ordered to ACDUTRA on 18 March 1964 and was honorably released on 1 July 1964. The applicant was subsequently transferred back to the USAR and was honorably discharged on 31 August 1964.

The applicant's DD Form 214 shows he was ordered to ACDUTRA on 18 March 1964 and was released from ACDUTRA on 1 July 1964.

In item 19a (Source of Entry) on the applicant's DD Form 214, the block "OTHER" is checked and the entry "ORDERED TO ACDUTRA" is shown in this item.

Item 11c (Reason and Authority) on the applicant's DD Form 214 shows he was released from ACDUTRA under the provisions of Army Regulation 635-207, section III, for hardship with a Separation Program Number (SPN) of "227."

Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing DD Form 214. In pertinent part, it directed that item 19a (Source of Entry) would include the appropriate means of entry on current active service for enlisted personnel. The regulation directed that enlisted personnel who were ordered to active duty or called to active duty from Reserve Component, the entry "other" would be checked and the appropriate entry; "Ordered from ARNGUS or USAR", "Called from ARNG" or "Ordered to ACDUTRA" would be included in item 19a on the DD Form 214.

Army Regulation 635-5, in effect at the time, also directed that the regulatory authority and reason for the separation will be entered in item number 11c of the
DD Form 214. The narrative reason for separation is based on the governing Army regulation and the Separation Program Number (SPN) as shown in Appendix A of Army Regulation 635-5. The SPN 227 listed in Appendix A of this regulation specifies the narrative reason for discharge is "Hardship" and that the authority for discharge is "AR 635-207, chapter 6."
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 considered the applicant's request to correct item 19 on his DD Form 214 to show "HARDSHIP" instead of "ORDERED TO ACDUTRA."

2. Records show the applicant was ordered to ACDUTRA on 18 March 1964 and was released from ACDUTRA on 1 July 1964 under the provisions of Army Regulation 635-207, section III, for hardship.

3. The applicant's DD Form 214 correctly shows that he was "ORDERED TO ACDUTRA" in item 19a based on the governing regulation in effect at the time.

4. Based on the foregoing, the Board has determined that there is no error or injustice in this case. Therefore, there is no basis for amending the applicant's DD Form 214 to show the entry "HARDSHIP" in item 19 and his DD Form 214 is correct as currently constituted.

5. 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.

6. 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_____ BJE_____ KAH_____ DENY APPLICATION



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



INDEX

CASE ID AR2002077312
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021024
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19640701
DISCHARGE AUTHORITY AR 635-205
DISCHARGE REASON Hardship
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 144.0000
2.
3.
4.
5.
6.


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