MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 April 2001                   
	DOCKET NUMBER:   AR2000044247

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. Thomas Baxter 		Member	
	Mr. John T. Meixell 		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 effect, that his dates of service be corrected to show he had no break in service from 6 July 1945 to 7 March 1947 and that the spelling of his first name be corrected by adding the letter “d” at the end of his first name.

APPLICANT STATES:  In effect, that he served continuously from 6 July 1945 to 7 March 1947.  He adds that in 1960 the State of Vermont corrected his birth certificate by adding the letter "d" to the end of his first name.  In support of his application, he submitted a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – HD), dated 4 February 1946; a copy of his WD AGO Form 53-55, dated 7 March 1947; copies of DD Form 303A, Certificate of Honorable Discharge, dated 4 February 1946, 7 March 1947, and 24 February 1950; a copy of his Baptismal Certificate, dated 15 April 1960; a copy of a Probate Court Findings and Decree, dated 20 April 1960; and a copy of his corrected Certificate of Birth and a copy of the court order that corrected it, both dated 20 April 1960.

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

He was born on 13 December 1925.  At the time of his birth, his first name was recorded as ending with the letter "n."  On 6 July 1945, he was inducted into the Army of the United Stated and served until honorably discharged on 4 February 1946 for the purpose of immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 5 February 1946 and served until honorably discharged on 7 March 1947.  He was credited with continuous active military service of 1 year, 8 months, and 2 days.  His separation documents are signed with his first name ending in "n" and not "d."

Some 13 years after his separation from military service, the applicant petitioned the Probate Court for the District of Franklin, State of Vermont to correct the spelling of his first name on his birth certificate by adding the letter "d" to the end of his first name.  On 20 April 1960, the Court made that correction.

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 has failed to submit evidence that would satisfy this requirement.

2.  The applicant's military records do not show a break in service; they reflect that the applicant served continuously from 6 July 1945 to 7 March 1947.  Whenever a soldier reenlists (or enlists in the Regular Army after having been inducted into the Army of the United States), his records will show a separation date followed, on the very next day, by an enlistment date.  This is, in fact, continuous service.

3.  The applicant has not shown that his first name, as it appears in his military records, was incorrect at the time of his induction and subsequent enlistment.  All of his supporting documentation is dated in April 1960 and post-dates his military service by some 13 years; he has not provided a copy of his original birth certificate.  Furthermore, he signed his separation documents without adding the letter "d" to the end of his first name.

4.  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

__wtm___  __tb____  __jtm____  DENY APPLICATION

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

INDEX

CASE ID	AR2000044247	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19470307	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0100	
2.	110.0000	
3.		
4.		
5.		
6.