MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 March 2002
	DOCKET NUMBER:  AR2001062782

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Raymond J. Wagner		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 separation document be corrected to show that he enlisted on 28 June 1947 instead of 2 July 1947; that he was discharged on 28 June 1950 instead of 22 March 1950; and he requests to receive his medals from World War II and the Occupation of Japan.  He requests a document showing his correct dates of service.

APPLICANT STATES:  In effect, that he was sworn in on 28 June 1947 and that he was discharged on 28 June 1950, for the convenience of the government, because he did not reenlist.  When he was discharged, he had 3 months to go on his enlistment and he had 2 months vacation time.  He was told his discharge would show 3 years service.  He provides a photo copy of his honorable discharge certificate which shows a discharge date of March 1950 (the day date is not readable) and a partial photo copy of his DD Form 214 (Report of Separation).

EVIDENCE OF RECORD:

The applicant’s military records show on his WD AGO Form 21 (Enlistment Record, Regular Army), page 2, Oath and Certificate of Enlistment, that he was sworn in and enlisted on 2 July 1947, which oath he signed and initialed.  He enlisted for a 3 year tour of duty.

The applicant’s DD Form 214 in his record shows that he was enlisted on 
2 July 1947 and honorably discharged as a Private First Class (PFC) on 
22 March 1950, by reason and authority of “Convenience of the Government 
PAR 1 AAR 615-365 (CG PETS) & SR 615-360-10.”  The net service for this period was 2 years, 8 months, and 16 days.  The applicant signed this form at the time of discharge.  He was paid a cash settlement for 55 days of unused leave.

The DD Form 214 shows that he was awarded the “Army of Occupation Medal of Japan.”

After completing basic training, he was assigned on 9 November 1947, to Company K, 364th Infantry Regiment at Fort Dix, New Jersey, as a duty NCO.  On 18 September 1948, he was reassigned to the 86th Infantry Regiment as a duty NCO and casual.  On 22 January 1948, he was assigned to A Battery, 
159th Field Artillery Battalion, in Japan, as a truck driver.  On 7 March 1950, he was reassigned to Fort Lawton, Washington, where he was discharged on 
22 March 1950.

The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, according to Army Regulation 600-8-2 (Military Awards), paragraph 5-11.

The National Defense Service Medal is awarded to soldiers who served on active duty during the periods 27 June 1950 to 27 July 1954, 27 June 1954 to 
27 July 1954, 1 January 1961 to 14 August 1974, and 2 August 1990 to 
30 November 1995, according to Army Regulation 600-8-22 (Military Awards), paragraph 2-10, 

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 enlistment date, discharge date, and time served are correct as stated on his DD Form 214.  There is no evidence of any error.

2.  The applicant is only entitled to the Army of Occupation of Japan Medal and should be provided the medal.  He is not eligible for the World War II Victory Medal or the National Defense Service Medal.

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.

NOTE:  The applicant will be provided an Army of Occupation of Japan Medal and copies of his DD Form 214 from his military record.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__iw____  ___gw___  __rw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062782	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19500322	
DISCHARGE AUTHORITY	AR 615-360-10	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.92 – Awards and Decorations	
2.	129.01 – Service Credit	
3.		
4.		
5.		
6.