MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 August 2000    
	DOCKET NUMBER:   AR2000039188

	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:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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 item 24c (Foreign and/or Sea Service), item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and item 27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 (Report of Transfer or Discharge) with an effective date of 31 October 1965.   

APPLICANT STATES:  That he did have foreign service (he served in Japan, Korea, Italy and Vietnam), that he did receive service medals and that he was injured in action.  In support of his application, he submits a copy of TAGO Form 166 (Statement of Military Service), dated 11 April 1967, which shows several periods of foreign service performed between 1946 and 1964 and lists numerous decorations and awards; a copy of WD AGO Form 8-27 (Field Medical Card) dated 3 June 1951; a VA letter dated 26 November 1976; a copy of his retirement orders dated 14 September 1965; and a copy of his DD Form 214 with an effective date of 31 October 1965.      

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

The applicant completed over 20 years of service on 31 October 1965 when he retired in the rank of specialist six.

The applicant’s retirement DD Form 214 covers the period 12 March 1965 through 31 October 1965.  Item 24c (Foreign and/or Sea Service) shows 
“00 00 00” and items 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and 27 (Wounds Received as a Result of Action with Enemy Forces) show “None”.

There is no evidence in the applicant’s personnel records which shows he served foreign service between 12 March 1965 and 31 October 1965.

There is no evidence in the applicant’s personnel records which shows he received any awards or decorations between 12 March 1965 and 31 October 1965. 

There is no evidence in the applicant’s personnel records which shows he was wounded as a result of enemy action between 12 March 1965 and 31 October 1965.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time, directed that total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed would be entered in item 24c.  

Army Regulation 635-5 states, that item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.

The regulation also states, that item 27 (Wounds Received as a Result of Action with Enemy Forces) will be completed to show wounds received as a result of enemy action during the period covered by the DD Form 214.
 
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 evidence of record available to the Board, and the applicant has provided no evidence, which shows he served foreign service during the period covered by his retirement DD Form 214.  Therefore, there is no basis for correction of item 24c (Foreign and/or Sea Service) on his DD Form 214 with an effective date of 31 October 1965.  

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded any awards or decorations during the period covered by his retirement DD Form 214.  Therefore, there is no basis for correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of 31 October 1965.  

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded by enemy action during the period covered by his retirement DD Form 214.  Therefore, there is no basis for correction of item 27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 with an effective date of 31 October 1965.  

4.  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.

5.  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

TDH_____  AAO___  GJW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039188	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19651031	
DISCHARGE AUTHORITY	Title 10 U.S.C. Code, Section 3914	
DISCHARGE REASON	20 Year Retirement	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.