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ARMY | BCMR | CY2002 | 2002070821C070402
Original file (2002070821C070402.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002070821

         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. Raymond V. O’Connor, Jr. Chairperson
Mr. Roger W. Able Member
Mr. John T. Meixell 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 his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to add the Expert Qualification Badge Hand Grenade and a second Army Achievement Medal and to show his date of entry as April 1984.

APPLICANT STATES: The applicant makes no further statement. He provides his DD Form 214 as supporting evidence.

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

He enlisted in the Delayed Entry Program on 26 April 1985. He enlisted in the Regular Army on 29 May 1985.

The applicant’s Military Personnel Records Jacket does not contain any qualification badge orders. His Personnel Qualification Record, DA Form 2-1, shows he was awarded the Expert Qualification Badge Rifle M-16 but no badge for the hand grenade.

Permanent Orders 70-23, Headquarters, 1st Brigade, 24th Infantry Division dated 2 October 1986 awarded the applicant the Army Achievement Medal.

The applicant was separated on 20 April 1987 for unsatisfactory performance. His DD Form 214, item 12a shows he entered active duty on 29 May 1985. Item 13 shows he was awarded the Army Service Ribbon, the Expert Qualification Badge Rifle, and the Army Achievement Medal.

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 evidence of record shows the applicant first entered military service, in the Delayed Entry Program, on 26 April 1985. However, he did not enter active duty until 29 May 1985 when he enlisted in the Regular Army, the date correctly reflected in item 12a of his DD Form 214.

2. There is no evidence of record and the applicant provides none to show he was awarded the Expert Qualification Badge Hand Grenade or a second Army Achievement Medal.

3. 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

__RVO__ __RWA__ __JTM__ DENY APPLICATION



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




INDEX

CASE ID AR2002070821
SUFFIX
RECON
DATE BOARDED 2002/06/20
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0025
2. 107.0108
3. 100.00
4.
5.
6.



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