PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 March 2003
	DOCKET NUMBER:   AR2002080277

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelly		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that Item 41 (Dates of Last Civilian Employment) of his separation document (DD Form 214), dated 11 April 1955, be corrected.

3.  The applicant states, in effect, that he was serving in the Army on the dates entered in Item 41 of the DD Form 214 in question.  In support of his application, he submits a copy of a Certification of Military Service (NA Form 13038), dated 
19 March 1996, published by the National Personnel Records Center (NPRC), National Archives and Records Administration (NARA), St. Louis, Missouri, and a copy of his DD Form 214, dated 11 April 1955. 

4.  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) in 1973.  The information herein was gleaned from a copy of his NA Form 13038, dated 19 March 1996, and his DD Form 214, dated 11 April 1955. 

5.  The NA Form 13038 confirms that the applicant entered the Regular Army on 1 November 1950, and that he continuously served until being honorably released from active duty (REFRAD) on 13 October 1953.  

6.  The applicant’s DD Form 214, dated 11 April 1955, confirms that he began that period of active duty service on 14 October 1953, and that he continuously served for 1 year, 5 months, and 28 days until being honorably separated on 
11 April 1955.  Item 41 (Dates Of Last Civilian Employment) of this document contains the entry “From 1950 - To 1953”, which indicates that this is the period he performed the civilian occupation entered in Item 42 (Main Civilian Occupation).  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the civilian dates of employment listed in item 41 (Dates Of Last Civilian Employment) of his 
DD Form 214 are incorrect and it finds this claim has merit.

2.  The applicant’s NA Form 13038, dated 19 March 1996, confirms that he served in the Army from 1 November 1950 to 13 October 1953.  Thus, given he was serving in the Army on the dates entered in Item 41 of the DD Form 214 in question, he was obviously was not working at his civilian occupation during this same period.  Therefore, the Board concludes it would be appropriate to correct Item 41 (Dates Of Last Civilian Employment) of his 11 April 1955 separation document by deleting the dates entered therein.  

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by deleting the entry “From 1950 - To 1953“ currently contained in Item 41 
(Dates of Last Civilian Employment) of the DD Form 214 of the individual concerned, dated 11 April 1955; and by providing him a corrected separation document that reflects this change.

BOARD VOTE:  

__TAP__  __RWA _  __ JAK__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		 _  Thomas A. Pagan  ._
		       CHAIRPERSON

INDEX

CASE ID	AR2002080277	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/13	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant Relief	
REVIEW AUTHORITY		
ISSUES         1.	100.000	
2.		
3.		
4.		
5.		
6.