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ARMY | BCMR | CY2002 | 2002079245C070215
Original file (2002079245C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002079245

         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. 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 he served during the Berlin and Cuban Missile Crisis.

APPLICANT STATES: In effect, that he would like to have his DD Form 214 corrected to show he served in the Army during the Berlin and Cuban Missile Crisis between July 1960 and July 1962.

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

He entered active duty in the Regular Army on 24 July 1959. His Service Record (DA Form 24) confirms that he served as a field artilleryman and that the highest rank he attained while on active duty was private first class (PFC). It also shows that he served overseas in Germany from March 1960 through July 1962.

The applicant’s record documents no acts of valor, significant achievement, or service warranting special recognition. It also shows that the applicant received no individual awards or decorations while serving on active duty, and there is a documented disciplinary history that precluded the award of the Army Good Conduct Medal.

On 13 July 1962, the applicant was honorably separated after completing a total of 2 years, 11 months and 20 days of active military service. The DD Form 214 issued to the applicant on the date of his separation shows, in Item 24c (Foreign Service), that he completed 2 years, 2 months, and 10 days of foreign service in the United States Army Europe (USAREUR), which accounted for his service in Germany.

Army Regulation 635-5 (Separation Documents) prescribes the separation documents that will be furnished to soldiers who are separated from active duty. The regulation in effect at the time of the applicant’s separation contained item-by-item instructions for entries on the DD Form 214. It stated, in pertinent part, that Item 24c (Foreign Service) would contain the total service performed outside the continental United States for the period covered by the DD Form 214, and the last theater in which the foreign service was performed. The regulation contained no provisions for identifying Berlin or Cuban Missile Crisis service anywhere on the DD Form 214, to include the remarks section (Item 32).


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 claim that his separation document should include entries that show he served during both the Berlin and Cuban Missile Crisis. However, the regulation in effect at the time provided no provisions of identifying either Berlin or Cuban Missile Crisis Service in any item of the
DD Form 214.

2. The evidence of record confirms that the Item 24c (Foreign Service) of the applicant’s 13 July 1962 separation document accurately reflected the foreign service he completed in Germany. Since there were no regulatory provisions for entering Berlin or Cuban Missile Crisis service on the DD Form 214, and given these entries were not made for any soldier serving during this period, the Board concludes that the requested relief is not warranted in this case.

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 AR2002079245
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/02/20
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1962/07/13
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON Overseas Returnee
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2. 251 120.0000
3.
4.
5.
6.



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