MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           30 August 2001                  
	DOCKET NUMBER:   AR2001052701

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		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:  In effect, that Item 24c (Foreign and /or Sea Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued on 13 November 1957 be corrected to show that he served 13 months and 16 days of Foreign Service vice the 7 months and 9 days that are currently shown. 

APPLICANT STATES:  In effect, he served in the Republic of Korea from 
15 September 1956-30 October 1957.  In a letter to the Board, the applicant states that to the best of his knowledge he departed Fort Knox, Kentucky for Seattle, Washington and on 15 September 1956, he boarded a ship that departed for Korea.  The journey to Korea lasted for 21 days.  He returned from Korea to Seattle by ship.  The journey lasted 20 days.  In Seattle, he boarded a troop train that took him to Fort Sheridan, Illinois, where he was discharged on 30 October 1957.  In support of his request, he submits a personal statement and copies of his DD Forms 214 for the periods 23 March 1955-27 September 1956 and 28 September 1956-13 November 1957.

EVIDENCE OF RECORD:  The applicant’s military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from a reconstructed record.  The information available consists of a NA Form 13038 (United States of America Certification of Military Service) and Special Orders Number 227 from Headquarters, US Army Transfer Station, Fort Sheridan Illinois, dated 12 November 1957.  

The applicant had two periods of enlistment.  Prior to the period of service under review, the applicant served honorably in the Army of the United States from 23 March 1955-27 September 1956, a period of 1 year, 6 months and 5 days of creditable active military service.  There is no evidence that he had any Foreign Service during this period of enlistment.

On 28 September 1956, while assigned to Fort Stewart, Georgia, the applicant reenlisted in the Regular Army and served until he was honorably discharged on 13 November 1957.  His DD Form 214 for the period shows that he served 1 year, 1 month and 16 days on the enlistment under review and had total creditable service of 2 years, 7 months, and 21 days.  Item 24c of the applicant's DD Form 214 also shows his Foreign Service equals 7 months and 9 days.  

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.  Even though the applicant contends that he was serving in Korea on 
15 September 1956, the available evidence of record shows he was still assigned to Fort Stewart, Georgia, on 28 September 1956, the date he reenlisted.  He has provided nothing to prove otherwise or to support his contention.

3.  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

__RVO  _  __CJP  __  ___LDS _  DENY APPLICATION

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

INDEX

CASE ID	AR2001052701	
SUFFIX		
RECON	 	
DATE BOARDED	20010830	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19571113	
DISCHARGE AUTHORITY	AR635-205	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.