| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Barbara J. Ellis | Member | ||
| Mr. William D. Barr | Member |
APPLICANT REQUESTS: Reconsideration of his request for standby advisory board (STAB) consideration for promotion to major.
APPLICANT STATES: That in 1999 he was awarded four different awards by the U. S. Marine Corps (USMC) which should have been awarded in 1971. Neither of the promotion boards which considered his records would have been aware of these awards. He provides a 6 January 1999 letter from Headquarters, USMC and a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) as supporting evidence.
COUNSEL CONTENDS: Counsel makes no additional contention.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 2 December 1998 (docket number AC97-11068A)
The applicant was considered for but not selected for promotion to major by the 1994 and 1995 Reserve Components Selection Boards. He was discharged from the Army National Guard effective 2 November 1995 apparently as a result of his second nonselection for promotion and transferred to the Retired Reserve.
On 6 January 1999, Headquarters, USMC informed the applicant he was entitled to the following awards: the Combat Action Ribbon, the Meritorious Unit Commendation, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Meritorious Unit Citation (Gallantry Cross Color with palm), the Republic of Vietnam Meritorious Unit Citation (Civil Actions Color, 1st Class with palm), and the Republic of Vietnam Campaign Medal. His DD Form 214 had already reflected award of the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal; however, the DD Form 215 prepared on 5 January 1999 reflected all the awards listed on the 6 January 1999 letter.
Army Regulation 135-155 prescribes the policies and procedures for promotion of commissioned officers of the Army National Guard of the United States and of commissioned and warrant officers of the U. S. Army Reserve. It states that promotion reconsideration by a STAB may only be based on erroneous nonconsideration or on material error which existed in the records at the time of consideration. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official or body, it caused an individual's nonselection by a promotion board and, had such error(s) been corrected at the time the individual was considered, there was a reasonable chance the individual would have been recommended for promotion. It must first be determined that there was a fair risk that one or more of several circumstances was responsible, including that the Silver Star or higher award was missing from an officer's Official Military Personnel File.
Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969. It is awarded to members of the U.S. Navy, the USMC, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.
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 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.
2. The 6 January 1999 Headquarters, USMC letter did not show that the applicant had been awarded a Silver Star or higher award. It showed that he had been additionally awarded three unit awards and the Combat Action Ribbon (the equivalent of the Army's Combat Infantryman Badge).
3. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
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
__FNE __ __ BJE _ __WDB __ DENY APPLICATION
| CASE ID | AR2002075734 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/09/10 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.11 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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