MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                                      
	DOCKET NUMBER:   AR1998013447

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome 		Chairperson	
	Mr. Fred N. Eichorn 		Member	
	Mr. John P. Infante 		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:  That his DD Form 214, Report of Separation, be corrected to show his combat service during the Korean Conflict and the awards and decorations that he earned, to include; the Purple Heart, Good Conduct Medal, Combat Infantryman Badge, and the Korean Presidential Unit Citation.

APPLICANT STATES:  That he served from 16 August 1949 to 1 October 1952 and served in Korea from August 1950 to September 1951.  He provides a copy of his DD Form 214, which indicates no awards and decorations, no combat wounds, but does indicate 1 year, 2 months, and 28 days of overseas service.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  The only documents contained in his file are his DD Form 214 and a DD Form 215 (Correction to DD Form 214), dated 6 May 1985, awarding him the Good Conduct Medal.

The applicant enlisted in the Regular Army for 3 years on 16 August 1949 and served 3 years, 1 month, and 16 days before being honorably discharged on 1 October 1952 by reason of expiration of his term of service (ETS).  He was paid $300 in mustering-out pay.

The applicant’s record reflects that he served 1 year, 2 months, and 28 days of foreign service.  Although not verifiable by the record, the fact that he spent 46 additional days in the service beyond his scheduled 15 August 1952 ETS date is probably due to President Truman’s mandatory extension of all enlistments due to the Korean Conflict.

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 the aforementioned requirement.

2.  It is unfortunate that the applicant’s service records are no longer available.  While the Board does not dispute the applicant’s statements provided in his application, without evidence to support the applicant’s claims, no action can be taken to change his record.

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

___KJN _  __FNE __  __JPI ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013447	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0015	
3.	107.0092	
4.	107.0111	
5.		
6.