MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 April 2000     
	DOCKET NUMBER:   AR1999028829

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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 essence, additional overseas service credit for Germany from June 11, 1951 through May 1952.  

APPLICANT STATES:  That he served overseas in Germany with the 22nd Infantry Regiment, 4th Infantry Division, and it is not recorded on his DD Form 
214 (Report of Separation from Active Duty-Armed Forces of the United States) issued on 25 July 1953.  He claims that he volunteered for combat duties in Korea when he really didn’t have to serve there since he was already in an overseas command in Germany.  He submits a copy of his DD Form 214 and a copy of an undated document entitled “Following Data Transcribed from NAVPERS-553, Notice of Separation” which purportedly shows service in the United States (US) Navy in 1945.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

The document he submits showing service in the US Navy states that his birth date was “6-28-27”.  It shows a date of entry into the Navy of 7-3-45 and that the highest rank he attained was seaman first class.  Further, the document shows that he served on three Naval ships.  He was credited with earning the (World War II) Victory Medal, the American Area Campaign Medal and the Asiatic-Pacific Area Campaign Medal.  The document is not dated and no name is shown.  The date stamped on the form showing that it was recorded by the Stark County (Ohio) Records is somewhat indistinct, but could be “Sep 4-1945” or Sep 4-1948”.

The DD Form 2l4 issued to the applicant on 25 July l953, shows in item 10 that he was born on 19 July l933.  He enlisted in the Regular Army and entered active duty on 26 July 1950.  His home of record was shown as Canton (Stark County) Ohio.

He was trained as an Infantryman and the highest rank he attained, according to documents available to the Board, was private, pay grade E-2.  

His DD Form 214, in item 26, credits him with 8 months and 4 days overseas service.  However, the country of service is not shown on the form, nor was it required to be shown.  

At the time of his honorable discharge on 25 July l953, with 3 years active service credit, he was shown to have earned the Korean Service Medal with one bronze service star, the United Nations Service Medal and the Combat Infantryman Badge.  His discharge installation was Fort Riley, Kansas, and his unit of assignment at the time of discharge was the 10th Replacement Company, 10th Infantry Division at Fort Riley.  
His DD Form 214 also does not show him credited with any prior military service, only the 3 years during the period of service under review.  

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, in this case, has failed to submit evidence that would satisfy the aforementioned requirement.  

2.  The document from the US Navy, would appear not to apply to him since the individual to whom it pertains had a 1927 birth date rather than the 1933 birth date shown on the applicant’s DD Form 2l4.  In any case, it has no bearing on his case since the dates of service in the US Navy were sometime in the mid-1940’s. 

3.  The DD Form 214 definitely would tend to show service in Korea, most likely for 8 months and 4 days.  Upon his return to the United States he was immediately discharged from a replacement unit at Fort Riley.  

4.  The applicant has failed to provide any evidence that he served in Germany other than his claim on his application.  Even if true, he would only be credited with other overseas service, i. e. years, months and days added to his Korean overseas service.  Army regulations provided at that time that service in a specific overseas area such as Germany or Korea would not be recorded on the DD Form 2l4. 

5.  The Board presumes regularity in Government operations, and therefore must conclude that his overseas service was properly recorded on his DD Form 2l4 in 1953 at the time of his discharge from active duty.  

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.

VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo___  ___sk____  __le ____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028829	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.00	
2.	100.00	
3.		
4.		
5.		
6.