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ARMY | BCMR | CY2003 | 2003087450C070212
Original file (2003087450C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 August 2003
         DOCKET NUMBER: AR2003087450

         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. Raymond J. Wagner Chairperson
Mr. Robert Duecaster Member
Ms. Marla J. Troup 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, correction of his military records to show that he was discharged from the Regular Army instead of the U.S. Army Reserve (USAR) on 12 April 1966.

APPLICANT STATES: That he was discharged from the Regular Army not the USAR. In support of his application, he submits a copy of a DD Form 214 (Report of Transfer or Discharge); a NGB [National Guard Bureau] Form 21B (Enlistment Agreement); an Honorable Discharge Certificate, dated 12 April 1966; a certificate of completion for the Battalion Leadership Course; an undated letter to the applicant's mother; a letter, dated 30 August 1970, from the applicant's mother to the Veterans Administration; a letter, dated 5 April 1966, to the applicant's mother from the Department of Public Welfare; a letter, dated
18 January 1966, to the applicant's mother from the Office of the Adjutant General, U.S. Army Administration Center at St. Louis, Missouri; revocation orders, dated 18 June 1966; orders, dated 23 May 1967; an undated certificate of training for "6 Months Active Duty for Training;" discharge orders, dated 12 April 1966; and a letter, dated 1 July 1967, from the Office of the Adjutant General, U.S. Army Administration Center in St. Louis, Missouri.

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

The applicant enlisted in the Pennsylvania Army National Guard on 8 October 1962 for a period of 3 years. He was ordered to active duty on 2 January 1963 for training and was released from active duty on 3 July 1963 and returned to the Pennsylvania Army National Guard to complete his remaining service obligation of 2 years and 3 months. On 7 October 1965, the applicant was honorably discharged from the Pennsylvania Army National Guard and reverted to the USAR Control Group to complete his remaining service obligation of 5 years. On
12 April 1966, the applicant was honorably discharged from the USAR Control Group for being medically disqualified.

The applicant’s military records show that he was issued a DD Form 214 at the time of his release from active duty training on 3 July 1963.

His records show he was issued a NGB Form 22 (Separation and Record of Service) at the time of his discharge from the Pennsylvania Army National Guard on 7 October 1965.

Letter Orders, dated 12 April 1966, and an Honorable Discharge Certificate show the applicant was honorably discharged from the USAR.

There is no evidence of record which shows the applicant served in the Regular Army.

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 evidence of record does not support the applicant's contention that he was discharged from the Regular Army instead of the USAR on 12 April 1966. Evidence of record shows that following his discharge from the Pennsylvania Army National Guard on 7 October 1965 he reverted to the USAR Control Group to complete his remaining service obligation. Evidence of record shows the applicant was honorably discharged from the USAR Control Group on 12 April 1966 for being medically disqualified. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served in the Regular Army. Therefore, 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

RJW____ RD_____ MJT______ DENY APPLICATION



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




INDEX

CASE ID AR2003087450
SUFFIX
RECON
DATE BOARDED 20030826
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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