MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001056876

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 separation document (DD Form 214) be corrected to show his foreign service. 

APPLICANT STATES:  In effect, that he spent approximately 1 year and 
9 months overseas.  He claims that he was injured in Korea and spent time in a hospital in Japan.  In support of his application, he provides a summary of service that indicates he entered the service on 8 January 1951, was sent to Korea in June 1951, suffered a knee injury on 4 November 1951, reenlisted at Camp Stowman, California, on 7 July 1953, and separated from the service on 
1 June 1954.  He also indicates that he served in Korea with the 8th Cavalry Regiment from June 1951 until November 1951 and the 47th Truck Company from January 1952 until March 1953.  He also provides morning report extracts and medical clinical reports that show he was injured on 4 November 1951 and was treated in overseas facilities until October 1952.  

EVIDENCE OF RECORD:  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

The DD Form 214 provided by the applicant does not include the period of his first enlistment and only documents a subsequent 1 year, 1 month, and 25 day period of service he performed from 7 April 1953 through 1 June 1954.  The statement of service for pay purposes contained in this separation document shows the following in the blocks indicated:  block 22 (net service completed for pay purposes this period)-1 year, 1 month, 25 days; block 23 (other service completed for pay purposes)-2 years and 19 days; and block 24 (total net service completed for pay purposes-3 years, 2 months, and 14 days.  Block 25 (foreign and sea service) contains the entry 0 years, 0 months, and 0 days.  

The applicant provided morning report extracts and medical clinical record documents that show him serving with the 8th Cavalry Regiment, Korea on
4 November 1951 when he was injured.  They also show that he was treated by medical personnel in Korea and Japan through October 1952.  This is the extent of the supporting documents provided from his first period of service.  No separation document from his first period of service was made available to the Board by the applicant or from any other source.  This first enlistment period would have included the overseas service now in question. 

During the processing of this case, a staff member of the Board conducted a records search of the unit historical files of the 8th Cavalry Regiment and 
47th Truck Company.  However, this records search failed to identify the applicant as having served in the Korean Republic during the period January 1952 through March 1953 and provided no historical records or documents that would have allowed a reconstruction of his first period of 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.  The Board notes the applicant’s contention that he served overseas for 1 year and 9 months and that his separation document does not reflect this foreign service.  However, while the Board has no reason to question the validity of his claim, it is unable to determine with certainty the total period of overseas service he completed from the available evidence.

2.  The DD Form 214 provided by the applicant only documents a period of service he performed subsequent to his first enlistment.  There is no separation document available for his first period of service that would have included the overseas service in question.  As a result, the omission of his foreign service from this separation document provided does not necessarily constitute an error in the record.  

3.  The absence of pertinent documents and evidence from the applicant’s first period of service, coupled with the negative results of the unit historical files check, makes it impossible for the Board to grant any effective relief in this case. 

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

__FNE __  __BJE__  __KYF __  DENY APPLICATION

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

INDEX

CASE ID	AR2001056876	
SUFFIX		
RECON		
DATE BOARDED	2001/11/08	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  303	129.0100	
2.		
3.		
4.		
5.		
6.