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Decision Text

ARMY | BCMR | CY2003 | 2003085496C070212
Original file (2003085496C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 August 2003
         DOCKET NUMBER: AR2003085496

         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Roger W. Able Member
Ms. Regan K. Smith 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 DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) be corrected to show he entered the Army on 27 February 1952.

APPLICANT STATES: That his DD Form 214 incorrectly shows he served from 27 February 1954 until 29 November 1956. He served from 27 February 1952 until 29 November 1956. He reenlisted in 1954.

EVIDENCE OF RECORD: The applicant's military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from the applicant's DD Form 214.

Item 19c (Date of Entry) on the applicant's DD Form 214 shows he entered on 27 February 1954. Item 24b (Total Active Service) shows he completed a total of 4 years, 9 months, and 11 days of total active service.

Special Regulation 615-360-1, dated 24 June 1953 and in effect at the time of the applicant's reenlistment in 1954, prescribed the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that a DD Form 214 would be furnished all enlisted personnel separated from the active military service except (emphasis in the original) the following: (1) members of the Army Reserve ordered into the active military services for a period of 90 days or less; (2) members of the Regular Army and reserve components who are reenlisted in the Regular Army at station of discharge within 24 hours of discharge, and (3) members of reserve components discharged while on active duty to reenlist in their respective reserve components and continue on active duty.

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 that there does not appear to be an error or omission in the applicant's DD Form 214.

2. At the time the applicant reenlisted in 1954, the regulation provided that a DD Form 214 would not be prepared for members who reenlisted in the Regular Army within 24 hours of discharge. The applicant's prior active duty, from his first enlistment, is indicated in item 24b. He separated on 29 November 1956 after completing 4 years, 9 months, and 11 days of service, indicating he initially entered the Army on 17 (not 27) February 1952.

3. 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

__jhs___ __rwa___ __rks___ DENY APPLICATION



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




INDEX

CASE ID AR2003085496
SUFFIX
RECON
DATE BOARDED 20030821
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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