MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:            10 June 1999                              
	DOCKET NUMBER:    AR1999022128

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell 		Member	
	Mr. Elzey J. Arledge, Jr.		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:  As the widow of a deceased former service member (FSM), correction of her late husband’s service documents to reflect a discharge date of 30 July 1951 instead of 15 August 1945.  

APPLICANT STATES:  In effect, that the FSM should have received credit for service with the U.S. Army Transportation Corp subsequent to 15 August 1945, the ending date of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and discharge certificate.  In support of her application, she submits a copy of the FSM’s Honorable Discharge Certificate; a DD Form 2168 (Application for Discharge of Member or Survivor of Member of Group Certified to have Performed Active Duty with the Armed Forces of the United States) dated
13 June 1988; a 13 June 1988 letter from the FSM to the U.S. Army Reserve Components, Personnel and Administrative Center, St. Louis, Missouri; a
DD Form 214 with an effective date of 15 August 1945; Log #8516 issued
2 September 1949; the FSM’s Certification of Sea Service and the FSM’s Identification cards.

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

Records available to the Board show that the FSM served with the Army Transportation Service and the Navy Transportation Service from 12 April 1945 to 30 July 1951. 

The FSM’s DD Form 214 shows in item 18 (Remarks) that his DD form 214 was issued under the provisions of Public Law 95-202 (Section 106, Title 38 United States Code) and administratively established his service as active duty for the purposes of Veterans Administration benefits. 

Title 38 U.S. Code, Section 106, in pertinent part, states that the service of any person, who as a member of a group which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe determines that the service of such group constituted active military service and issues to each member of such group a discharge from such service under honorable conditions where the nature and duration of the service of such member so warrants.  Pursuant to this law, the Secretary of Defense announced the procedures to be used in these determinations in Department of Defense Directive 1000.20 (Active Duty Service Determinations for Civilians or Contractual Groups) and directed the Secretary of the Air Force to determine if an established group of civilian employees or contract workers provided service to the U.S. Armed Forces in a manner considered active military service for Department of Veterans Affairs (VA) benefits.  Pursuant to that authority, the Secretary of the Air Force has determined that the service of certain civilian employees and contract workers shall be considered active duty for the purposes of Department of Veterans Affairs (VA) benefits.  In the case of the American Merchant Marine (including the U.S. Army Transportation Corps, the U.S. Army Air Force or U.S. Army), it was determined that the period of service creditable as active duty for veterans benefits must have occurred between 7 December 1941 to 15 August 1945. 

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 notes that the FSM’s sea service did not end until 30 July 1951; however, in this case, only service from 7 December 1941 to 15 August 1945 is creditable.  Therefore, the FSM’s DD Form 214 is correct as currently constituted.

2.  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.

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

SAC____  SLP_____  EJA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022128	
SUFFIX		
RECON		
DATE BOARDED	19990610	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450815	
DISCHARGE AUTHORITY	PUBLIC LAW 95-202  	
DISCHARGE REASON	ADMINISTRATIVELY ESTABLISHES ACTIVE DUTY FOR THE PURPOSES OF VA BENEFITS 	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.