MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 JULY 2002                   
	DOCKET NUMBER:   AR2002071991

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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, the applicant requests that his record be corrected to show that he served in the Army for two years from 10 November 1955 to 9 November 1957.  

APPLICANT STATES:  That he enlisted for two years.  Upon returning from the war in August 1957, he was informed that he would be honorably discharged, with pay until November 1957, for the good of the Army.  Army officials stated, that with less than 3 months to serve, it would be cost effective to discharge him. He states that his records should be changed to show the information shown in his original contract.  He states that his records were destroyed in a fire at         St. Louis.  He has attached documents forwarded to him from St. Louis.  He states that he was acting on official orders.  He did not request an early release, but was following orders.  He should not be penalized for following orders.   

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 reconstructed personnel records.

A roster of individuals, the date and origin of which is unknown, shows that the applicant enlisted for two years on 10 November 1955.  A copy of orders published by the Army Transfer Station at Fort Sheridan, Illinois, on 19 August 1957, shows that the applicant was released from active duty and transferred to the Army Reserve effective on 20 August 1957.  He was assigned to the Army Reserve Control Group (Annual Training) on 21 August 1957 to complete his      6 year service obligation under the Universal Military Training and Service Act.  The authority given for the applicant’s separation is Army Regulation 635-205, paragraph 7.  Those orders show that 16 other soldiers were separated in a like manner under the same authority.  

In March of this year, the National Personnel Records Center informed the applicant that the record necessary to respond to his inquiry was not in their files and in effect, his records were probably destroyed in the 1973 fire.  That Center provided him with a Certification of Military Service, verifying his military service.  That certification shows that the applicant was a member of the Army of the United States from 10 November 1955 to 20 August 1957, when he was honorably released from active duty in the rank of Specialist Third Class.  Again, in April of this year, the National Personnel Records Center provided him that same certification.

The applicant’s enlistment contract and his DD Form 214 are not available.  There are no other applicable records available.

Army Regulation 635-205, then in effect, states that commanders are authorized to order separation for the convenience of the Government of enlisted personnel returned to the continental United States after serving overseas.  Personnel inducted or enlisted under the Universal Military Training and Service Act will be discharged or released from active duty and transferred to the Army Reserve, as appropriate, upon arrival if they have completed 21 months of active duty on their current tour.  Individuals who desire to immediately extend their periods of active duty or enlistments voluntarily under provisions of Army Regulation 135-214 or Special Regulation 615-120-2 will be permitted to do so.

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 release from active duty prior to his expiration of his term of service in November 1957 was within the authority of the Secretary of the Army to do so.  His release was proper and in accordance with the regulations in effect at that time.  The applicant’s separation, reason, and authority for separation, were no different from those of the 16 other soldiers separated with him at that time.  He did not serve on active duty for two years and he has not provided sufficient reason, probative evidence, or a convincing argument in support of his request.   

2.  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 that requirement.

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__  __RTD __  __KWL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071991	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020725	
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.	110.00	
2.	190	
3.		
4.		
5.		
6.