MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           20 January 2000
	DOCKET NUMBER:   AR1999032868

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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 his records to show his service from 1950 to 1952.

APPLICANT STATES:  As summarized by the analyst, that he served in the Army in 1945 and 1946 and was called to active duty in August 1950.  He contends that he served in Korea for a few weeks and was sent back to Puerto Rico due to the ill health of his mother.  He states that he served at Fort Buchanan, Puerto Rico, until 20 August 1952 when he was assigned to Germany.  The applicant states that he remained in Germany until 1955, returned to Puerto Rico and was discharged.  In support of his application, the applicant submitted:  a copy of a Certification of Military Service; a 17 February 1997 letter of explanation; a sworn statement in Spanish; a copy of a DD Form 149 (Application for Correction of Military Record), dated 17 February 1997; copies of two Honorable Discharge Certificates; a copy of a 9 October 1998 letter from the Screening Team of the Army Review Boards Agency to the applicant; and an undated response by the applicant to the Screening Team.

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 completed honorable service from 1 August 1945 to 1 December 1946 in the Army of the United States.  Records also show the applicant completed honorable service in the Regular Army from 21 August 1952 to 26 July 1955.

A GSA Form 6954 (Certification of Military Service), dated 9 January 1981, shows the applicant served honorably in the Regular Army from 21 August 1952 to 26 July 1955.  Annotated on this certificate is the entry:  “Prior Honorable Active Service in the Army of the United States from August 1, 1945 to December 1, 1946.”

The applicant’s records contain DD Form 214 (Report of Separation from the Armed Forces of the United States)  which shows the applicant enlisted in the Regular Army for three years and entered active duty on 21 August 1952.  This DD Form 214 shows the applicant was separated on 26 July 1955.

The applicant submitted a DD Form 149, dated 17 February 1997, which requested correction of his records to show service from 17 August 1950 to 20 August 1952.  There is no DD Form 214 in the records available to the Board which covers the period 17 August 1950 to 20 August 1952.  However, the applicant submitted an Honorable Discharge Certificate, signed by a major, which shows that the applicant was discharged as a “Corporal” from the “ERC” [Enlisted Reserve Corps] on 20 August 1952.

The applicant’s DD Form 214 with a separation date of 26 July 1955 shows in item 22 (Net Service Completed For Pay Purposes This Period) the entry 2 years, 11 months and 6 days.  Item 23 (Other Service Completed For Pay Purposes) of this DD Form 214 shows the entry 4 years, 2 months and 26 days.  Item 24 (Total Net Service Completed for Pay Purposes) of this DD Form 214 shows the entry 7 years, 2 months and 2 days.

The sworn statement submitted by the fellow soldier is dated 20 February 1997 and states (in summary) that he and the applicant served together in Korea from 1950 to 1951 and that they were members of M Company, 3rd Battalion of the 65th Infantry.

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.  Evidence of record shows that the applicant served in the Army of the United States during the period 1 August 1945 through 1 December 1946, which is a period of 1 year, 4 months and 1 day.

2.  A DD Form 214 shows that the applicant served 2 years, 11 months and 6 days in the Regular Army from 21 August 1952 through 26 July 1955.

3.  The service listed in paragraphs 1 and 2, above, totals 4 years, 3 months and 7 days.

4.  The applicant’s DD Form 214 with a separation date of 26 July 1955 shows the applicant’s total service for pay purposes is 7 years, 2 months and 2 days.

5.  The difference between the applicant’s total service for pay purposes shown in paragraph 4, above, and his service in the Army of the United States and the Regular Army listed in paragraphs 1 and 2, above is 2 years, 10 months and 25 days.

6.  An Honorable Discharge Certificate shows the applicant was discharged from the Enlisted Reserve Corps on 20 August 1952.  However, there is no evidence of record which shows that the applicant served on active duty or in Korea during the period 17 August 1950 to 20 August 1952.  

7.  In the absence of enlistment records, separation documents, or other evidence from official military records, the Board is not able to determine in which component and where the applicant served the 2 years, 10 months and 25 days which is listed as part of his total service but not accounted for by orders or a discharge document.  However, in the absence of evidence to the contrary, the Board concludes that the applicant’s service from 17 August 1950 to 20 August 1952 is included in that period of 2 years, 10 months and 25 days.

8.  The Board noted the statement submitted by a former fellow soldier regarding his service with the applicant in Korea in 1950 and 1951.  However, this statement by itself is not sufficient for correction of the applicant’s records to verify the applicant’s service during the period 17 August 1950 to 20 August 1952.

9.  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 the aforementioned requirement.

10.  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

RGH____  GFG____ BJE______ DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032868	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	UNK	
DISCHARGE AUTHORITY	UNK	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.