MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 November 2002
	DOCKET NUMBER:  AR2002073699

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Herbert O. Fry		Member	
	Mr. Roger W. Able		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 (Report of Transfer or Discharge) dated 27 November 1956, be corrected to show that he was inducted on 5 November 1954. 

APPLICANT STATES:  That his induction date is incorrect on his DD Form 214.
He also states that he was directly inducted from the National Guard (NG) to the Army of the United States (AUS) on 5 November 1954.  He is now disabled and needs his records corrected in order to receive Veterans Administration (VA) benefits.  In support of his application, he submits a copy of his NGB Form 22 (Report of Separation and Record of Service in the National Guard), dated 7 November 1954, and a copy of his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the Puerto Rico Army National Guard (PRARNG) on 15 April 1952.  He continued to serve until he was honorably released on 7 November 1954, in order to be inducted into the AUS.

The applicant's records contain a copy of Headquarters PRARNG Special Orders Number 173, dated 5 November 1954, which shows that the applicant was honorably discharged from the PRARNG with an effective date of 7 November 1954, for induction in the Armed Forces.

The applicant's military records contain a copy of NGB Form 24 (Service and Qualification Record) that shows that he was separated on 7 November 1954, 
by reason of induction into the AUS.

After an apparent break in service, he was inducted on 5 October 1955, in the AUS.

The applicant's records contain a copy of a DD Form 47 (Record of Induction) that clearly shows that he was inducted on 5 October 1955.

He continued to serve until he was retired by reason of physical disability without severance pay on 27 November 1956 under the provisions of Army Regulation 635-40a.

The available records contain a 14 November 1956 statement signed by the applicant that was a rebuttal to the Physical Evaluation Board findings.  The first sentence of this statement reads "Before I was inducted on 5 October 1955 I was working in a grocery store."

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 records clearly show that he was inducted on 5 October 1955, instead of 5 November 1954.  Therefore, he is not entitled to correction of his DD Form 214 to show 5 November 1954, as his induction date.

2.  The Board notes that the applicant contends that he was directly inducted from the NG to the AUS on 5 November 1954.  However, his separation orders were published on 5 November 1954, with an effective date for separation from the PRARNG on 7 November 1954.

3.  The Board notes the break in service from 8 November 1954 to 4 October 1955, which is approximately 11 months (10 month and 26 days) of service which is unaccounted for.  A review of the applicant's records failed to show that he served during this period.

4.  In the applicant's own statement at the time he declares that he was inducted on 5 October 1955.

5.  While the Board is empathetic, it does not change induction dates for the purpose of obtaining eligibility for benefits.

6.  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.

7.  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

__sc__  ___hf____  __ra______  DENY APPLICATION

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

INDEX

CASE ID	AR2002073699	
SUFFIX		
RECON		
DATE BOARDED	20021126	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19561127	
DISCHARGE AUTHORITY	AR 635-40a	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	227	
2.		
3.		
4.		
5.		
6.