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Decision Text

ARMY | BCMR | CY2003 | 2003088675C070403
Original file (2003088675C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 28 October 2003
                  DOCKET NUMBER: AR2003088675

         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
Mr. Luis Almodova Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Linda D. Simmons 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, that his date of enlistment, date of entry into active service, and latest immunization dates for tetanus and typhoid be corrected on WD AGO Form 53, Enlisted Record and Report of Separation – Honorable Discharge.

APPLICANT STATES: In effect, that dates are incorrect as currently shown.

In support of his application, the applicant submitted a copy of his WD AGO Form 53, with a date of separation of 12 September 1947.

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

The applicant’s military records are not available. It is believed that they were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.

The applicant’s WD AGO Form 53 shows that the applicant enlisted and entered on active duty in the Army of the United States on 13 March 1947. The applicant was honorably discharged on 12 September 1947 in the grade of private first class, at the expiration of his term of service. When he was discharged, the applicant had served 1 year and 6 months active military service.

On 29 January 1952, a DD Form 215, Correction to Report of Separation from the Armed Forces of the United States, was prepared to correct the applicant's date of enlistment and the date of entry on active duty, to read: 13 March 1946; therefore, this issue will not be discussed further in this Memorandum of Consideration. A copy of the DD Form 215 will be provided the applicant as part of this action.

The applicant's WD AGO Form 53, which is authenticated in his own hand shows that he was immunized for typhoid and tetanus on 1 May 1947. The applicant's available medical records contain no information, and the applicant has provided none, to support a change in the dates shown 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. The Board considered the applicant's contention that the date he received his typhoid and tetanus immunization shown on his WD Form 53 are incorrect.


2. The applicant's available medical records contain no information, and the applicant has provided none, to support a change in the dates that are shown.

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

__mt____ ___lds___ __rjw ___ DENY APPLICATION



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




INDEX

CASE ID AR2003088675
SUFFIX
RECON
DATE BOARDED 2003/10/28
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2. 3 100.0200
3.
4.
5.
6.



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