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Decision Text

ARMY | BCMR | CY2002 | 2002082974C070215
Original file (2002082974C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 04 SEPTEMBER 2003
         DOCKET NUMBER: AR2002082974


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Barbara J. Ellis Member
Mr. Frank C. Jones II Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his character of service.

3. The applicant states that the entry entitled “Character of Service” was left blank on his DD From 214.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant.

5. The applicant was inducted into the Army of the United States on 19 November 1948.

6. On 4 January 1950, he was released from active duty under the provisions of Special Regulation 615-363-5 and Special Regulation 600-460-1, and transferred to the Enlisted Reserve Corps. He had completed 1 year, 1 month and 16 days of service.

7. Special Regulation 615-363-5, in effect at the time, provided that personnel inducted or enlisted under the Selective Service Act of 1948 after 24 June 1948, were authorized early release, under honorable conditions, in order to be transferred to the Enlisted Reserve Corps.

8. Special Regulation 600-460-1, in effect at the time, provided that enlisted men who were inducted under the Selective Service Act of 1948 would be released from active duty upon completion of 12 months of service and transferred to the Enlisted Reserve Corps. The “reason and authority for separation” on the Enlisted Record and Report of Separation will show “Convenience of the Government, SR 615-363-5 and SR 600-460-1” as the reason and authority for release from active duty.

9. Special Regulation 615-360-1, in effect at the time, provided in Table I, that individuals being separated under the provisions of SR 615-363-5 (released from active military service and transferred to the reserve components) would be issued an honorable certificate of service.

CONCLUSIONS
:

1. Evidence shows that the applicant was released from active duty under the provisions of SR 615-363-5, and transferred to the Enlisted Reserve Corps, and as such his character of service should be reflected as honorable on his DD Form 214.

2. In view of the foregoing, and in the interest of justice and equity, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by changing the applicant’s DD Form 214 to show his character of service as honorable.

BOARD VOTE:

__RVO__ __BJE __ __FCJ __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2002082974
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030904
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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