MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           4 December 2001
	DOCKET NUMBER:   AR2001053216

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he served in the Korean War.

APPLICANT STATES:  That during his service from 1 October 1952 to October 1954, he served in Korea during the Korean War.  That service is not reflected in his military records.  He adds that he served with Company B, Tank Battalion, 14th Infantry Regiment, 25th Infantry Division.  He indicated that he was submitting a copy of a U.S. Army plaque recognizing his engagement in combat in Korea in support of his application.  This document is not a part of his application.

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 the applicant’s DD Form 214, dated 30 September 1954, and Historical Files of the 89th Tank Battalion, 14th Infantry Regiment, and 25th Infantry Division archived at the National Archives, College Park, Maryland.

The applicant was inducted into the Army of the United States for 2 years on 1 October 1952.  He served honorably until he was separated on 30 September 1954 for the purpose of immediate enlistment in the Regular Army.  He was credited with 2 years of active military service, of which 1 year, 1 month, and 29 days was annotated as Foreign and/or Sea Service.  The DD Form 214 does not identify where the applicant served this Foreign Service.

Historical records reveal that the 14th Infantry Regiment was part of the 25th Infantry Division during the Korean War.  The 89th Tank Battalion was also assigned to the 25th Infantry Division, and Company B, 89th Tank Battalion was further assigned to the 14th Infantry Regiment.  All unit records for Company B, the 89th Tank Battalion, the 14th Infantry Regiment, and the 25th Infantry Division were searched for evidence that the applicant was assigned as a unit member during the period October 1952 to October 1954.  The search met with negative results.

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 staff of the Army Board for Correction of Military Records (ABCMR) carefully reviewed all available evidence, but could find none to show that the applicant served in the 25th Infantry Division in Korea during the Korean War.

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

__JHL __  __MKP __  __ENA__  DENY APPLICATION

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

INDEX

CASE ID	AR2001053216	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19540930	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Immediate reenlistment in Regular Army	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.1021	
2.		
3.		
4.		
5.		
6.