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ARMY | BCMR | CY2001 | 2001063026C070421
Original file (2001063026C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 January 2002
         DOCKET NUMBER: AR2001063026

         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Melvin H. Meyer Member
Ms. Karen A. Heinz 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 additional medals he received, to include the Army Commendation Medal (ARCOM), be added to his separation document (DD Form 214).

APPLICANT STATES: In effect, that his separation document did not include medals he received while serving on active duty and he would like to be provided a corrected separation document that includes these awards.

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

On 5 October 1983, he enlisted in the Regular Army for 3 years. He successfully completed basic training and advanced individual training (AIT) at Fort Jackson, South Carolina; and he completed the basic airborne course at Fort Benning, Georgia. Upon completion of his training, he was awarded military occupational specialty 76Y (Supply Specialist) with the additional skill identifier (ASI) of P (Parachutist).

The applicant’s record shows that he was assigned to the 82nd Airborne Division, Fort Bragg, North Carolina, as his first permanent duty station and that he served there during his entire active duty tenure. The record also shows that on 1 March 1985, he was promoted to the rank of specialist/E-4 (SPC/E-4) and that this was the highest rank he attained while serving on active.

Item 9 (awards, decorations, and campaigns) of the applicant’s Personnel Qualification Record (DA Form 2-1) shows that during his active duty tenure he earned the Parachutist Badge, Army Service Ribbon, Driver Badge, and Army Good Conduct Medal. There is no indication in this record that he was ever awarded the ARCOM or any other decoration not listed in item 9. Item
33 confirms that he reviewed his DA Form 2-1 on 16 June 1986, in effect, verifying the entries contained therein.

In addition, the applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or documents that suggest he was ever recommended for or received the ARCOM or any other award that was not listed in item 9 of his DA Form 2-1.

On 4 October 1986, the applicant was released from active duty under the provisions of chapter 4, Army Regulation 635-200, by reason of expiration of term of service (ETS). At the time of his separation, he had completed a total of 3 years of active military service and he held the rank and pay grade of
SPC/E-4.


The DD Form 214, issued to and authenticated by the applicant with his signature on the date of his separation, confirms in item 13 (decorations, medals, badges, citations, and campaign ribbons awarded or authorized) that he earned the following awards during his active duty tenure: Parachutist Badge; Sharpshooter Marksmanship Badge-M-16 Rifle; Army Service Ribbon; Army Good Conduct Medal; and Driver Badge. No other awards or decorations are listed in this separation document.

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 notes the applicant’s contention that the ARCOM and other awards he received during his active duty tenure should be added to his separation document. However, it finds insufficient evidence to support this claim.

2. The applicant’s DA Form 2-1 and his MPRJ confirm that the awards listed in his separation document are the only awards he received during his active duty tenure. Further, the applicant has failed to provide any independent evidence to support his claim of entitlement to the ARCOM or to any other awards or decorations. Therefore, the Board is compelled to deny the requested relief.

3. 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.


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

__AAO__ _ _MHM__ __KAH DENY APPLICATION




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



INDEX

CASE ID AR2001063026
SUFFIX
RECON
DATE BOARDED 2002/01/29
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1986/10/04
DISCHARGE AUTHORITY AR 635-200 C4
DISCHARGE REASON ETS
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 66 107.0020
2. 46 107.0000
3.
4.
5.
6.



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