MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 January 2002     
	DOCKET NUMBER:   AR2001064490

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		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 date of entry be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT STATES:  That the date of entry on his DD Form 214 is incorrect.  He contends that he went into the Army on 6 January 1955 instead of 6 January 1956 as shown.  He also contends that he served in Korea and remembers being told that he would qualify as a wartime veteran.  He states that they were still taking fire from across the “DMZ” when he was there.  In support of his application, he submits an undated letter from a Veterans Service Officer in Ontario, Oregon; and a letter, dated 12 February 1998, from his physician.  

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 6 January 1956 for a period of 3 years.  He served as a light weapons infantryman and was honorably discharged on 26 September 1957. 

Item 19c (Date of Entry) on the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “6 Jan 56” [6 January 1956].

The applicant was issued a DD Form 214 at the time of his release from active duty on 26 September 1957 which covers his period of service from 6 January 1956 through 26 September 1957, a total of 1 year, 8 months and 21 days.  

The available records do not contain the applicant’s enlistment contract.

There is no evidence in the available records which shows the applicant served on active duty during the Korean War.

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 Board considered the applicant’s contention that his date of entry is incorrect on his DD Form 214.  However, evidence of record shows that on 
26 September 1957 the applicant signed his discharge document attesting that his date of entry was 6 January 1956, not 6 January 1955.  Therefore, item 
19c (Date of Entry) on the applicant’s DD Form 214 is correct as currently constituted.

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 this 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

LLS____  RWA_____  TLP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064490	
SUFFIX		
RECON		
DATE BOARDED	20020108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.