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Decision Text

ARMY | BCMR | CY2003 | 2003088177C070403
Original file (2003088177C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 16 September 2003
                  DOCKET NUMBER: AR2003088177

         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. Fred N. Eichorn Chairperson
Mr. Melvin H. Meyer Member
Ms. Karen A. Heinz 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 WD AGO Form 53 (Enlisted Record and Report of Separation) to show a temporary duty assignment in Korea from April 1948 to December 1948.

APPLICANT STATES: In effect, that there is no record of his service in Korea from April 1948 to December 1948. In support of his application, he submits a copy of his WD AGO Form 53; an Honorable Discharge Certificate, dated 22 July 1949; an Honorable Discharge Certificate, dated 12 March 1953; an Honorable Discharge Certificate, dated 14 May 1956; a Ration Card for the ration period
8 November 1948 to 6 February 1949; and his personal accounts of activities in Korea.

EVIDENCE OF RECORD: The applicant's military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53.

The applicant's WD AGO Form 53 shows he enlisted on 10 September 1947. He served as an automotive mechanic in the Asiatic-Pacific Theater of Operations from 4 May 1948 through 1 July 1949 and was honorably discharged on 22 July 1949.

The applicant's WD AGO Form 53 does not show that he served in Korea.

There is no evidence in the available records which shows the applicant served in Korea.

In support of his claim, the applicant provided a Ration Card which was issued to him for the ration period 8 November 1948 to 6 February 1949 from the Central Exchange in Korea.

Special Regulations Number 615-360-1 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time,
established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. This regulation governed preparation of the discharge document. The regulation provides no authority to show temporary duty assignments/deployments on the WD AGO Form 53.

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 request for correction of his WD AGO Form 53 to show a temporary duty assignment in Korea. However, there are no provisions for entering duty assignments/deployments on the WD AGO Form 53. 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

FNE____ MHM____ KAH_____ DENY APPLICATION



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




INDEX

CASE ID AR2003088177
SUFFIX
RECON
DATE BOARDED 20030916
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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