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Decision Text

ARMY | BCMR | CY2002 | 2002082317C070215
Original file (2002082317C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2002082317

         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. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Curtis L. Greenway Member
Mr. Ronald J. Weaver 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 both his dates of active duty and the characterization of service on his DD Form 214, (Certificate of Release or Discharge from Active Duty) be corrected.

APPLICANT STATES: He believes his active duty dates are in error.

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

That, on 27 August 1982, he voluntarily enlisted in the United States Army Reserve (USAR) for a period of 6 years and training in military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic). On the same date, he was ordered to active duty for training with a reporting date of 4 October 1982.

On 4 October 1982, the applicant reported to Fort Knox, Kentucky, for basic training. He completed the basic training requirements and, on 10 December 1982, he was assigned to Fort Leonard Wood, Missouri, for advanced individual training (AIT). He failed to complete AIT and he was never awarded an MOS.

On 4 May 1983, the applicant was separated from active duty under the provisions or Army Regulation 635-200, for unsatisfactory performance with a general discharge under honorable conditions and assigned to the USAR Control Group, St. Louis, Missouri.

Item 12a, Date Entered Active Duty This Period, on the applicant's DD Form 214 is correctly annotated to show 4 October 1982. Item 12b, Separation Date This Period, is also correctly annotated to show 4 May 1983.

On 5 August 1998, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. On 1 September 1999, this Board denied the applicant's request for an upgrade of his discharge.

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. 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.

2. Both the applicant's entry date and his separation date are correctly shown on his DD Form 214.


3. In September 1999, this Board reviewed the applicant's request for an upgrade of his discharge and the request was denied. He has provided no new evidence to support his request for an upgrade of his discharge or a request for reconsideration.

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

__lls___ __clg___ __rjw___ DENY APPLICATION



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




INDEX

CASE ID AR2002082317
SUFFIX
RECON
DATE BOARDED 20030805
TYPE OF DISCHARGE (GD)
DATE OF DISCHARGE 19830504
DISCHARGE AUTHORITY AR635-200, Chap 13
DISCHARGE REASON A49.00
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.0200
2. 144.4900
3.
4.
5.
6.

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