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ARMY | BCMR | CY2002 | 2002068298C070402
Original file (2002068298C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 4 June 2002
         DOCKET NUMBER: AR2002068298

         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:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Regan K. Smith 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, correction of his DD Form 214 (Report of Transfer or Discharge) to show awards and decorations to which he may be entitled based on his active duty service in the Army National Guard and his inactive Reserve service.

APPLICANT STATES: That the decorations were not awarded because it was most likely that the units which he served with were not aware of the process or because they did not have enough personnel. In support of his application, he submits a copy of his DD Form 214; a National Guard Bureau Report of Separation and Record of Service, dated 11 July 1964; an Honorable Discharge Certificate from the USAR, dated 12 June 1969; a letter, dated 9 October 1967, pertaining to active duty for training; his DA Form 66 (Officer Qualification Record); and a Statement of Service, dated 20 March 1984.

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

The applicant enlisted in the Army National Guard of the District of Columbia on 29 August 1961 for a period of 3 years. He was ordered to active duty for training on 21 June 1962. The applicant was released from active duty on
15 December 1962 and transferred to the Army National Guard of the District of Columbia to complete his remaining service obligation. He was honorably discharged from the Army National Guard of the District of Columbia on 11 July 1964 to accept a Reserve commission. The applicant was subsequently discharged in the rank of first lieutenant from the U.S. Army Reserve Control Group (Standby) effective 12 June 1969 by reason of resignation.

The applicant’s military records show that he was issued a DD Form 214 at the time of his release from active duty training on 15 December 1962.

The applicant’s DD Form 214, which was authenticated in his own hand, shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as an authorized award.

Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.

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 noted the applicant’s request that his DD Form 214 be corrected to show all awards and decorations to which he may be entitled based on his active duty service in the Army National Guard and his inactive duty service. However, in accordance with the governing regulation, only awards and decorations awarded or authorized during the period covered by the DD Form 214 will be shown in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

2. The applicant’s DD Form 214 issued at the time of his release from active duty training shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as an authorized award.

3. Army Regulation 600-8-22 does not reveal entitlement to any additional awards. Therefore, there is no basis for granting the applicant’s request to correct his DD Form 214 to show additional awards and decorations.

4. 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.

5. 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

JLP____ AAO_____ RKS_____ DENY APPLICATION



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




INDEX

CASE ID AR2002068298
SUFFIX
RECON
DATE BOARDED 20020604
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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