MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            16 December 1999
	DOCKET NUMBER:   AR1999021478

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Stanley Kelley		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 report of separation (DD Form 214) be corrected to reflect that his overseas service was performed in Korea and that he be awarded all appropriate medals that he is authorized for his service.

APPLICANT STATES:  That his eligibility for membership in the Veterans of Foreign Wars (VFW) has been challenged and he holds an office in that organization.  He goes on to state that his DD Form 214 incorrectly reflects that he served in USAERUR for 1 year, 5 months and 12 days when in fact that service was performed in Korea.  He also states that he only served in Germany from April to June of 1963.

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

He enlisted on 23 June 1960 for a period of 3 years.  He underwent training at Fort Riley, Kansas and remained assigned there.  While at Fort Riley he was transferred with his unit to Korea on 12 May 1961 and remained there until he departed on 1 August 1962.

On 8 April 1963 he was transferred to Germany where he served until 14 June 1963, when he was returned to Fort Hamilton, New York for separation. 

On 14 June 1963 he was honorably released from active duty as an early overseas returnee and was transferred to the USAR Control Group (Reinforcement).  He had served 2 years, 11 months, and 22 days of total active service and 1 year, 5 months, and 12 days of foreign service.  His DD Form 214 indicates that his last overseas service was performed in USAREUR.

Army Regulation 672-5-1, in effect at the time, served as the authority for military awards and decorations.  A review of that regulation failed to reveal that any awards for foreign service were awarded for service in Korea or Germany during the time frame the applicant served.

Army Regulation 635-5, in effect at the time, serves as the authority for preparation of the DD Form 214, it states, in pertinent part, that all foreign service performed would be entered in item 24c of the DD Form 214 and that the theater of the last period of overseas service would be annotated as well.

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.  Based on the evidence of record, the applicant’s overseas service was properly computed and his last overseas assignment in USAREUR was correctly annotated on his DD Form 214.

3.  Additionally, there does not appear to be any awards authorized the applicant for his overseas service other than the awards currently reflected on his DD Form 214.

4.  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

___sk ___  ___fkm __  __rvo___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021478	
SUFFIX		
RECON		
DATE BOARDED	1999/12/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.