MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 August 1999                  
	DOCKET NUMBER:   AR1999025030

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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 records be corrected to show that he served in excess of 25 years on active duty and in the Army National Guard between his first enlistment and his final discharge in 1977.

APPLICANT STATES:  Military Records erroneously show that I only served at most six years, four months service with the Illinois Army National Guard and three yeas, two months with the U.S. Army.  Records do not reflect actual enlistment date prior to 1951, nor continuous service that followed until the date of his final discharge on 12 October 1977.

He states that he enlisted in 1945 in the Illinois Army National Guard, was activated by the 5th Army during WWII and remained active up to the years of the Korean conflict.  He went through 8 weeks basic training at Fort Leonard Wood from February 1950; was stationed at Fort Lewis from April to December 1950; sent to Korea about December 1950 until July 1953; enrolled in special training in preparation for transfer to the Nevada Nuclear Weapons Test Site in August 1953, assigned to Fort Lewis, Washington, from April to July 1954; assigned to Camp Desert Rock at Nevada Nuclear Test site from July 1954 to December 1955, transferred to Fort Ord in December 1955; assigned in Germany from April 1956 to January 1957; returned to the United States and released from the Army on 5 February 1957; recalled to duty with the 5th Missile Command in May 1957 until 1962; teaching classes on chemical and biological warfare in the ILARNG 178th Regimental Combat Command until October 1977.

He provides statements from the following:  In a 7 December 1998 statement, an individual who was the First Sergeant of Company A, 178th in 1971 and remained a member of the unit until June 1990 who stated that, "I cannot recall the exact month or year in the 1970s when Gates came back to the 178th nor can I remember when he left." and in a 14 March 1989 statement from the same person as a Command Sergeant Major who stated that the applicant was a member of Company A from 1961 through 1977.  In a 7 December 1998 statement, an individual who had been a member of Company A, 178th, and became First Sergeant of the Headquarters and Headquarters Company, 178th; stated that the applicant was activated and sent to Korea and that later he remembers the applicant attending drills with the unit from 1961 to 1977 and in a 12 March 1989 statement stated that the applicant was a member of Company A, 178th from 1961 to 1977.  It is noted that both these individuals were First Sergeants and not commanders of these units.

He provides 22 documents as listed under the cover of his DD form 149 to support his request that consist of information given above and copies of available military record documents.

COUNSEL CONTENDS:  That the applicant was enlisted prior to 23 July 1951 and that he was continuously enlisted from 21 June 1960 to 12 October 1976, a period during which there is no military record of the applicant's service, for a total of over 25 years service.  Therefore, the applicant should be retired from the service with retired pay and services.  The counsel also contends that the applicant was a noncommissioned officer during the 1960 to 1976 period and should be retired as such.  (See the counsel's letter attached to the application.)

EVIDENCE OF RECORD:  The applicant's military records are not available.  Stated below is the applicant's military history according to copies of official documents provided by the applicant.  The official record below accounts for service time from 23 July 1951 to 20 June 1960 and from 13 October 1976 to 
12 October 1977 for a total service time of 9 years 6 months 23 days.

He was born 17 July 1934 according to a 20 July 1951 notarized consent form of the applicant's parents for applicant to join the Illinois Army National Guard (ILARNG) at age 17.  In later years, the date of birth on Army records was changed to 17 July 1935 in which case he would have been in fact 16 years old when his parents gave consent for him to join the ILARNG.  The applicant provided a copy of his birth certificate with his application but it is unreadable.

The applicant enlisted in the Illinois Army National Guard 23 July 1951 at age 17 for a three year term of service as a Private with no prior service.  (Source: National Guard Bureau (NGB) Enlistment Record contract signed by the applicant and dated 23 July 1951).  The Enlistment Record shows that prior to 
23 July 1951, the applicant had no prior service.  This statement was signed by the applicant.

He served in the ILARNG from 23 July 1951 to 1 December 1953 (2 years 
4 months 27 days service) as an Infantryman and was honorably discharged as a Private E-2 for inability to attend drill.  The discharge shows "Prior Service - None".  (Source: NGB Form 22, Report of Separation and Record of Service, ILARNG, dated 1 December 1953).

The applicant next enlisted in the Regular Army and served from 17 February 1954 to 5 February 1957 (2 years 11 months 19 days service) as a Combat Engineer and was honorably transferred to the USAR as a Private E-2 upon return from 10 months overseas service during this period.  At that point, the record shows the applicant's total prior service as 2 years 4 months 27 days (in the ILARNG) plus 2 years 11 months 19 days service in the Regular Army for a total service time of 5 years 4 months 16 days.  (Source: DD Form 214, Report of Discharge or Transfer, dated 5 February 1957.)

The applicant enlisted a second time in the ILARNG from 21 June 1957 to 
20 June 1960 ( 3 year term of service) as a Infantryman and was honorably discharged at expiration of his term of service (ETS) as a Private E-2.  This record shows prior service with the ILARNG from 23 July 1951 to 1 December 1953, the Regular Army from 17 February 1954 to 5 February 1957, and again in the ILARNG from 6 February 1957 to 30 April 1957.  At this point, the record shows a total prior service as 5 years 6 months 23 days plus 3 years service in the ILARNG for a total service of 8 years 6 months 23 days.  (Source: NGB Form 22, Report of Separation and Record of Service, ILARNG, dated20 June 1960.)

In 1976, the applicant enlisted a third time in the ILARNG from 13 October 1976 to 12 October 1977 (1 year term of service) as an Infantryman and was honorably discharged at ETC as a Private E-2.  At that point, the record shows prior totals service as 8 years 6 months 23 days plus 1 year service in the ILANG for a total service of 9 years 6 months 23 days.  (Source: NGB Form 22, Report of Separation and Record of Service, ILARNG, dated 12 October 1977; and Statement of Service, ILARNG, dated 26 October 1987.)

As to his ranks, he enlisted on 23 July 1951 as a Private (E-1 assumed).  On 
1 December 1953, he was discharged as a Private (E-2 is penned in next to Private) but shows that his highest grade held during the enlistment period was PFC (Private First Class which is an E-3) so he was apparently reduced in rank during the period.  On 17 February 1954, he was enlisted as a Pvt-2 (Private E-2) and discharged on 5 February 1957 as a Pvt-2(P) (Private E-2 Permanent) with date of rank as 7 September 1956.  On 20 June 1960, he was discharged as an Pvt E-2 with the highest grade held during his career of Pfc E-3.  On 12 October 1977, he was discharged as a PV2 (Private E-2) with a date of rank of 
13 October 1976, the same date he enlisted.  Army Regulation(AR) 140-111 (Enlistment and Reenlistment in the Army Reserves), states that a prior service member who enlists more than 24 months after their pervious discharge will be enlisted at the same grade previously discharged but with a date of rank of the date of the current enlistment.  The applicant's date of rank for E-2 being 
13 October 1976, the date he enlisted, shows that the applicant was not enlisted for at least 24 months prior to his last enlistment.  This history of rank and grade also shows that the applicant's highest grade held through out his military service was Private First Class E-3.  There is no evidence that the applicant ever held a a noncommissioned officer rank or any rank above Private First Class.

The age of the applicant at his last enlistment, 13 October 1976, was 41 years old.  According to AR 140-111, a prior service member can be enlisted if his age minus the number of years he previously served, in this case 8 years 7 months 11 days, does not equal 35 years of age or more (in this case 41 years of age minus 8 years service equals about 33 years of age and therefore under 35 years of age).  The fact that the applicant enlisted at age 41 on 13 October 1976 does not prove that he was enlisted continuously between 1960 and 1976 as the counsel suggests.

Based on his last enlistment, counsel contends that the applicant must have served consecutive 3 year tours of service from 1960 to 1976.  According to 
AR 140-111, a prior service soldier with no remaining part of his 8 year service obligation, may enlist for any term of service, 1 year through 6 year, at each enlistment or reenlistment so the counsels contention of 3 year continuous enlistments based on this argument is without merit.

Civil criminal records show that the applicant was arrested 5 times during the period of 1964 to 1970 with one conviction for indecent exposure.  According to Army regulation, this would have been grounds for discharge had he been in the service at these times, and had this record been known, would have barred the applicant from any further enlistment.

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.  There is no record or convincing evidence of military service by the applicant between 21 June 1960 and 12 October 1976 or prior to 23 July 1951.  The record and evidence substantiate only 9 years 7 months 11 days total military service.

2.  The military personnel record documents provided by the applicant indicate that his first enlistment was on 23 July 1951 at the age of 16 or 17 with no prior military service.  His birth date is shown in the military records first as 17 July 1934 and later changed to 17 July 1935.  The copy of the civil record birth certificate provided as evidence with this case is unreadable.  There is no convincing evidence that the applicant was in the service before 23 July 1951.  If he had served for the period 1945 to 1950 with the ILARNG as the applicant contends, his age during that period would have been 10 or 11 years old in 1945 to 15 or 16 yeas old in 1950 which is not a reasonable age at which he could have served during that period of history.

3.  The counsel contends that the applicant was enlisted from 1948 to 1951 (which would have been at ages 13 or 14 to ages 16 or 17) based on a NGB Enlistment Record that shows the applicant's enlistment date as 23 July 1951 with a three year term of service.  The counsel contends that this means that was enlisted 3 years before 1951 when in fact it shows that the applicant enlisted on 23 July 1951 for a 3 year term of service to end 22 July 1954.  The Enlistment Record further shows in box 14 that the applicant had no service prior to 23 July 1951.  This agrees with the applicant's 1 December 1953 discharge from the ILARNG where he was discharged before the end of the three year commitment with 2 years 4 months 27 days of service.

4.  The military records do show that the applicant served for the following periods:

Service Period	Type Service	Years	Months	Days	
23 Jul 1951 - 1 Dec 1953	ILARNG	2	4	27	
17 Feb 1954 - 5 Feb 1957	Regular Army	2	11	19	
6 Feb 1957 - 30 Apr 1957	USAR Control	0	2	25	
21 Jun 1957 - 20 Jun 1960	ILARNG	3	0	0	
13 Oct 76 - 12 Oct 77	ILARNG	1	0	0	
TOTAL		9	7	11	

5.  No military records available show that the applicant served in the military from 21 Jun 1960 to 12 October 1976.  The applicant presents statements from two witness but the witnesses first and second statements conflict and the dates quoted are too vague to serve the purpose for establishing the applicant's service dates during this period.  Witness A, who states he was the First Sergeant of the unit to which the applicant says he belonged between 1960 and 1976, states in 1998 that he does not remember the year or month in the 1970's when the applicant joined or left the unit.  The witness also states that he met the applicant in 1950 when the applicant was a member of the unit.  It has been shown from the evidence of record that the applicant did not initially enlist until 23 July 1951 thus invalidating the witnesses statement on this point.  In Witness A's earlier (1989) statement, he states that the applicant was a member of the unit from 1961 through 1977.  These two statements are contradictory and vague, and therefore are not acceptable.  Witness B also states that he met the applicant in 1950 when the applicant was a member of the unit.  It has been shown from the evidence of record that the applicant did not initially enlist until 23 July 1951 thus invalidating the witnesses statement on this point.  The wording of the text in both Witness A's and B's statement are identical in construction and phrasing in pertinent part suggesting that the witness statements are not independent and casting doubt as to their veracity.  Witness B, who states that he was the First Sergeant of a related unit (Headquarters and Headquarters Company - HHC), states that the applicant (who contends he was a member of Company A) attended drill with HHC yet in Witness B's 1989 statement he states that the applicant was a member of Company A form 1961 to 1977.  The witness statements are too vague, contradictory, and inconsistent to be acceptable as evidence to prove the applicant's service status between 1961 and 1977 

6.  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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025030	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990804	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.