MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 August 2000                  
	DOCKET NUMBER:   AR2000037953

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Linda D. Simmons 		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:  Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his dates of service in Korea and his correct discharge date.  

APPLICANT STATES:  That he served in Korea from June 1951 to March 1952 and he would like his discharge document to reflect these dates of service.  He also contends that he was in the service for over seven years and that his separation date should be 22 May 1956.  In support of his application, he submits a copy of his DD Form 214, a copy of his WD AGO Form 53 (Enlisted Record and Report of Separation) and a copy of a letter, dated 7 October 1974, which was sent to the applicant from his sister. 

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

The applicant enlisted in the Regular Army on 9 October 1947 for a period of
2 years.  He served as a crewman in the Asiatic-Pacific Theater from 9 April 1948 through 3 September 1949 and was honorably discharged on 
22 September 1949.  The applicant was inducted into the Army of the United States on 15 June 1951.  He served in Germany from 25 August 1951 through
8 May 1953 and was honorably discharged on 22 May 1953 and transferred to the Enlisted Reserve Corps.  He was honorably discharged from the Enlisted Reserve Corps on 24 September 1956.     

The applicant’s discharge documents do not show any dates of service in Korea. Item 6 (Effective Date of Separation) on his DD Form 214 shows “22 May 53”. 

Section 14 (Service Outside Continental United States) on the applicant’s WD AGO Form 24A (Service Record) shows that he served in Korea from 9 April 1948 through 1 January 1949.

The applicant’s military records show that he was issued a DD Form 214 on 
22 May 1953 at the time of his separation from active duty.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation, in effect at the time in question, provides no authority to show overseas service in Korea other than years, months and days under foreign service.

Army Regulation 635-5, in pertinent part, directs that a DD Form 214 will only be issued for active duty service.

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.  Although the applicant contends that he served in Korea from June 1951 to March 1952, evidence of record shows the applicant served in Korea from 9 April 1948 through 1 January 1949.

2.  His request for correction of the DD Form 214 to show his dates of service in Korea was noted by the Board.  However, at the time of his initial discharge from active duty in 1949, there was no provision in effect to enter the location where a soldier performed foreign service on the discharge document.  Therefore, there is no basis for correction of his WD AGO Form 53 to show his dates of service in Korea.          

3.  Although the applicant contends that his separation date is 22 May 1956, evidence of record shows the applicant was honorably discharged from active duty on 22 September 1949 and on 22 May 1953.  Records show the applicant was transferred to the Enlisted Reserve Corps, which is not active duty service, on 23 May 1953 and subsequently separated with an honorable discharge on
24 September 1956.

4.  Evidence of record also shows the applicant was properly issued a DD Form 214 at the time of his separation from active duty on 29 September 1949 and on 22 May 1953.  In accordance with the governing regulation, the applicant is not entitled to a DD Form 214 for his service in the Enlisted Reserve Corps.  Therefore, his discharge dates are accurately reflected on his discharge documents as currently constituted.

5.  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 this requirement.

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

SVW____  MHM___  LDS_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037953	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530522	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.