MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 May 2002
	DOCKET NUMBER:   AR2002069367

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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 military records be corrected to show his correct date of entry into active service.  

APPLICANT STATES:  In effect, that the date of entry into active service listed on his separation document is incorrect and should be corrected to read 
12 January 1946. 

EVIDENCE OF RECORD:  The applicant’s military records were heavily damaged in the National Personnel Records fire of 1973.  Information herein was obtained from those damaged records and show:

The applicant was born on 9 May 1931 and enlisted in the Regular Army on 
12 January 1949 for a period of 3 years.  He served in Japan from April 1949 to July 1950 and in Korea from July 1950 to June 1951.  His awards include the Army Of Occupational Medal (Japan), the National Defense Service Medal and the Korean Service Medal with 3 bronze service stars.  The highest rank he attained was private first class.  On 27 October 1953, the applicant was undesirably discharged, in the rank of private, under the provisions of Army Regulation 615-368, for undesirable traits of character which rendered retention in the service undesirable.

The applicant’s Enlistment Record (NME Form 4) signed by the applicant, confirms he enlisted in the Army on 12 January 1949 for a period of 3 years.

Army Regulation 15-185, the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records.  Paragraph 2-9 states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  The Board notes the applicant’s contention that the date of entry listed on his separation document is incorrect and finds this claim lacks merit.  The evidence of record confirms that the applicant authenticated by signature on the NME Form 4 that he enlisted in the Army on 12 January 1949 for a period of 3 years.  Lacking evidence to the contrary, the Board concludes the date of entry listed on his separation document is correct.

2.  The evidence of record also confirms that the applicant’s date of birth (DOB) is 9 May 1931.  The Board notes that if the applicant would have enlisted on 
12 January 1946, as he contends he would have been 14 years of age and ineligible for entrance into the Army.

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

__MHM__  __KAN__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069367	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/14	
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.	110.0100	
2.		
3.		
4.		
5.		
6.