MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 March 2002
	DOCKET NUMBER:   AR2002067068

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he served with Company B, 11th Engineer (C) Battalion in Korea.

APPLICANT STATES:  That his most significant duty assignment is Company B, 11th Engineer (C) Battalion, IX Corps in Korea.  He submits a copy of his DD Form 214 in support of his application.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he entered active duty on 14 December 1950.  He served in Korea and was honorably released from active duty on 13 September 1952 in the rank of corporal.

The applicant’s DD Form 214 shows his most significant duty assignment as Company A, 112th Engineer (C) Battalion, Camp Polk, Louisiana in item 28.

His discharge document also shows that he served 10 months and 11 days of foreign service.  There is no evidence available to the Board which shows the exact dates in which the applicant served in Korea and returned to the continental United States.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation, in effect at the time in question, directs that the service member’s last unit, or similar element, to which assigned for duty will be entered in item 28 of the DD Form 214.  Assignments to units for the purpose of transfer from an oversea command to the United States are considered part of the movement to a separation point.

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 applicant’s DD Form 214 shows his most significant duty assignment as Company A, 112th Engineer (C) Battalion, Camp Polk, Louisiana.

2.  Notwithstanding the applicant’s contention that his most significant duty assignment is Company B, 11th Engineer (C) Battalion, IX Corps, Korea, there is no evidence available to the Board which shows that he served with this unit prior to his separation from the service.  Therefore, there is no basis for correcting his records to show this unit and his DD Form 214 is correct as currently constituted.

3.  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.

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

RVO_____  JPI_____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067068	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020307	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.