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ARMY | BCMR | CY2003 | 2003087214C070212
Original file (2003087214C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 August 2003
         DOCKET NUMBER: AR2003087214

         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. Wanda L. Waller 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: Correction of his military records to show that he was on temporary duty (TDY) in Korea from February 1959 to September 1959.

APPLICANT STATES: In effect, that he was assigned to Company C, 809th Engineer Battalion in Guam. He contends that his battalion was sent TDY to Korea during the period February 1959 to September 1959 to build missile sites for the Nike Hercules missile and that he served as a construction machine operator (bulldozer). He states that upon completion of the assignment his unit was transferred to Okinawa.

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

The applicant enlisted in the Army National Guard on 9 February 1953 and was honorably discharged on 2 September 1954. He enlisted in the Regular Army on 3 September 1954, was honorably discharged on 12 February 1958 and transferred to the U.S. Army Reserve. After a two-week break in service, the applicant reenlisted in the Regular Army on 27 February 1958 and remained on active duty through continuous reenlistments until he retired by reason of physical disability in the rank of master sergeant on 20 August 1973.

There is no evidence in the applicant's service personnel records which shows that he served in Korea from February 1959 to September 1959.

The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was assigned to Company C, 815th Engineer Battalion, stationed at Fort Bliss, Texas, in military occupational specialty (MOS) 612.10 (construction machine operator) during the period 27 February 1958 through 15 October 1959.

The applicant's DA Form 20 shows that he was assigned to Company C, 809th Engineer Battalion in Guam in MOS 612.10 during the period 16 October 1959 through 30 October 1960. His DA Form 20 also shows that he was TDY to Okinawa during the period 31 October 1960 through 29 March 1961.

The applicant's DA Form 20 does show that he served in Korea from 20 August 1964 through 5 September 1965 and from 14 August 1971 through 1 March 1972.

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. The Board considered the applicant's contention that he was TDY in Korea from February 1959 to September 1959. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

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

JNS____ RWA_____ RKS____ DENY APPLICATION



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




INDEX

CASE ID AR2003087214
SUFFIX
RECON
DATE BOARDED 20030821
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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