| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Sherri V. Ward | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: That his general discharge from the Oregon Army National Guard (ORARNG) be upgraded to honorable, that his separation date be changed to 11 January 1990, that the authority and reason for separation be changed to reflect that he served until the end of his contract, and that he had served on active duty in Korea.
APPLICANT STATES: In effect, that his report of separation (NGB Form 22) incorrectly reflects that he was discharged on 5 February 1988 with a general discharge, by reason of unsatisfactory participation. He goes on to state that he served on active duty in Korea during annual training during the period of 20 March 1988 to 9 April 1988. He also states that he initially enlisted for a period of 2 years in the ORARNG and 2 years in the Inactive Reserve. After his first enlistment was completed, he extended on a year-to-year basis until 11 January 1990, when he requested to be released due to poor promotion probability.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the ORARNG on 25 October 1982 for a period of 6 years. At the time of his enlistment, he agreed to serve 3 years in the ORARNG and then to be transferred to the Unites States Army Reserve (USAR) Control Group (Individual Ready Reserve). He successfully completed his initial active duty for training (IADT) on 26 May 1983 and was returned to his ORARNG unit for duty as a light weapons infantryman.
He extended his enlistment on 24 October 1985 for a period of 3 months and on 6 January 1986, he extended his enlistment an additional 6 years.
The facts and circumstances surrounding his discharge are not present in the available records. However, his records do show that he served on active duty during annual training in Korea during the period of 20 March 1988 to 9 April 1988.
Meanwhile, on 6 April 1988, orders were published by the Military Department, State of Oregon, which discharged the applicant with a general discharge effective 5 February 1988, due to unsatisfactory participation. The orders and the NGB Form 22 were subsequently amended to reflect a separation date of 10 April 1988. His orders directed his transfer to the USAR Control Group (Individual Ready Reserve), where he remained until he was honorably discharged from the USAR on 24 April 1992.
The Army National Guard Retirements Credits Record (NGB Form 23) contained in his records shows that he had creditable years for retirement purposes from 1982 to 1987 and that his last year (1988) was not deemed a creditable year (30 points), even with his 21 days of active duty during annual training. There is no indication in the available records to show that he actively participated after 9 April 1988.
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 the absence of evidence to the contrary, it must be presumed that the applicant’s administrative discharge from the ORARNG was accomplished in accordance with applicable laws and regulations, with no violations of the applicant’s rights. Accordingly, it must also be presumed that his discharge was commensurate with his record of service at the time.
2. The Board has noted the applicant’s contentions. However, they are not supported by the evidence of record. His NGB 22 was subsequently corrected to reflect a separation date of 10 April 1988 and his records accurately reflect his active duty service on his NGB Form 23. He had no prior service before enlisting in the ORARNG, therefore, it was not appropriate to list his active duty periods on the NGB 22 for the period covered by that form.
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
___js ___ ___mm__ ___sw___ DENY APPLICATION
| CASE ID | AR2002074178 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/19 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 1988/04/10 |
| DISCHARGE AUTHORITY | NGR 600-200, 8-27G |
| DISCHARGE REASON | UNSAT PART |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 742 | 144.8400/A84.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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