ABCMR Memorandum of	AR2002075734
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 September 2002
	DOCKET NUMBER:   AR2002075734

	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. Nancy L. Amos | | Analyst

  The following members, a quorum, were present:

| Mr. Fred N. Eichorn | | Chairperson
| Ms. Barbara J. Ellis | | Member
| Mr. William D. Barr | | 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:  Reconsideration of his request for standby advisory board (STAB) consideration for promotion to major. 

APPLICANT STATES:  That in 1999 he was awarded four different awards by the U. S. Marine Corps (USMC) which should have been awarded in 1971.  Neither of the promotion boards which considered his records would have been aware of these awards.  He provides a 6 January 1999 letter from Headquarters, USMC and a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) as supporting evidence.

COUNSEL CONTENDS:  Counsel makes no additional contention.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 2 December 1998 (docket number AC97-11068A)

The applicant was considered for but not selected for promotion to major by the 1994 and 1995 Reserve Components Selection Boards.  He was discharged from the Army National Guard effective 2 November 1995 apparently as a result of his second nonselection for promotion and transferred to the Retired Reserve.

On 6 January 1999, Headquarters, USMC informed the applicant he was entitled to the following awards:  the Combat Action Ribbon, the Meritorious Unit Commendation, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Meritorious Unit Citation (Gallantry Cross Color with palm), the Republic of Vietnam Meritorious Unit Citation (Civil Actions Color, 1st Class with palm), and the Republic of Vietnam Campaign Medal.  His DD Form 214 had already reflected award of the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal; however, the DD Form 215 prepared on 5 January 1999 reflected all the awards listed on the 6 January 1999 letter.

Army Regulation 135-155 prescribes the policies and procedures for promotion of commissioned officers of the Army National Guard of the United States and of commissioned and warrant officers of the U. S. Army Reserve.  It states that promotion reconsideration by a STAB may only be based on erroneous nonconsideration or on material error which existed in the records at the time of consideration.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official or body, it caused an individual's nonselection by a promotion board and, had such error(s) been corrected at the time the individual was considered, there was a reasonable chance the individual would have been recommended for promotion.  It must first be determined that there was a fair risk that one or more of several circumstances was responsible, including that the Silver Star or higher award was missing from an officer's Official Military Personnel File.

Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the USMC, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  

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.  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.

2.  The 6 January 1999 Headquarters, USMC letter did not show that the applicant had been awarded a Silver Star or higher award.  It showed that he had been additionally awarded three unit awards and the Combat Action Ribbon (the equivalent of the Army's Combat Infantryman Badge). 

3.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

4.  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

__FNE __  __ BJE  _  __WDB __  DENY APPLICATION 

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

INDEX

CASE ID | AR2002075734
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2002/09/10
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 131.11
2. |
3. |
4. |
5. |
6. |