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ARMY | BCMR | CY2002 | 2002078494C070215
Original file (2002078494C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002078494

         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. William Blakely Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Lester Echols Member
Mr. Allen L. Raub 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 corrected to show the total active duty days he served.

APPLICANT STATES: In effect, that Item 24a(1) Net Service This Period) of his DD Form 214 does not show his correct total of active duty service. He states that he proudly served in the United States Army Reserve (USAR) from 1963 to May 1970. He further claims that upon returning to his unit after attending his mother’s funeral, the remainder of his active duty for training was short and he received an early release. He states that the incorrect total of active duty service for which he was credited hinders his veterans status for civil service employment purposes.

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

On 16 April 1964, he enlisted in the United States Army Reserve (USAR) for a period of 6 years. Orders Number 4254, dated 19 May 1964, issued by Headquarters, II US Army Corps, Fort Wadsworth, Staten Island, New York, ordered him to active duty, effective 3 June 1964, for a period of 5 months for the purpose of completing his initial active duty for training (IADT).

The applicant successfully completed training, was awarded specialty number 442.10 (Welding), and he was honorably released from active duty (REFRAD) on
7 November 1964.

The DD Form 214, issued to the applicant on the date of his REFRAD confirms that he served on active duty from 3 June 1964 to 7 November 1964, and he held the rank of private/E-2 at that time. Item 24a(1) (Net Active Service This Period) and Item 24b (Total Active Service) confirm that he completed a total of 5 months and 4 days of active military service as of the date of his separation.

Army Regulation 635-5, in effect at the time, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. Section III (Preparation Instructions For Preparation and Distribution for DD Form 214) stated that total service completed between the dates shown in Item 11d (Effective Date) and 19c (Date Of Entry) would be entered in Item 24a (1)
(Net Active Service This Period), and that the total period of active duty service completed be entered in Item 24b (Total Active Service).


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 active duty service he completed is not accurately accounted for in the DD Form 214 he was issued on 7 November 1964. However, it finds insufficient evidence to support this claim.

2. The evidence of record clearly confirms that the applicant was ordered to active duty on 3 June 1964, and that he served in that status until being honorably REFRAD on 7 November 1964. Further, the available evidence includes a properly constituted DD Form 214 that was prepared in accordance with the applicable regulations in effect at the time. This document was also authenticated by the applicant with his signature, which shows that at the time he verified that the information contained in the separation documents was correct.

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

__JHL__ __ LE _ __ ALR __ DENY APPLICATION




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




INDEX

CASE ID AR2002078494
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/02/20
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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