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Decision Text

ARMY | BCMR | CY1995 | 9510362C070209
Original file (9510362C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show entitlement to the Army Commendation Medal (Second Award), to show prior service in the Army National Guard and to correct his net active service.

APPLICANT STATES:  In effect, that the above items need to be corrected.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was born on 3 June 1959.  He completed 
12 years of formal education.  On 5 March 1980, he enlisted in the Regular Army for 3 years.  His service thereafter was continuous through reenlistments and extensions.  His military occupational specialty 19K10 (Armor Crewman).  The highest grade achieved was pay grade E-5.

On 18 January 1992, the applicant requested a discharge under the provisions of Army Regulation 635-200, paragraph 16-8 (Voluntary Early Transition Program).  On 3 April 1992, the Battalion Commander approved the applicant’s request.

On 28 September 1992, he was honorably discharged from service, in pay grade E-5, under the provisions of Army Regulation 635-200, paragraph 16-8, (Voluntary Early Transition Program).  His DD Form 214, indicated that he had completed 12 years, 6 months and 24 days of creditable active service.  He was authorized the Army Achievement Medal (first oakleaf cluster), the Good Conduct Medal (third award), the National Defense Service Medal, the Southwest Asia Service Medal (three bronze stars), the Kuwaiti Liberation Medal, the Noncommissioned Officer Professional Development Ribbon (second award), the Army Service Ribbon, the Overseas Service Ribbon (third award), the Air Assault Badge and the Marksmanship Badge M-16. 

Army Regulation 600-8-22, in pertinent part, that the Army Commendation Medal (ARCOM), is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service.   

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.

2.  Contrary to the applicant’s statement.  There is no evidence of record that he was recommended for or awarded the Army Commendation Medal.  Also, there is no evidence that he submitted any documentary evidence in support of this allegation.

3.  There is no evidence in the applicant’s Official Military Record which indicates that he was a member of the Army National Guard prior to his enlistment into the Regular Army.  Although, he states that he submitted evidence in support of this allegation.  The documentary evidence that he submitted is missing from his file.

4.  The applicant’s net active service is correct as shown on his DD Form 214.

5.  Therefore, in view of the foregoing, there is no basis for granting the applicant’s requests. 

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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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