RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         20 July 2004
      DOCKET NUMBER:   AR2004100115


      I certify that hereinafter is recorded the true and complete record
of the proceedings 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. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Mr. Antonio Uribe, Jr.            |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the National Defense
Service Medal (NDSM).

2.  The applicant states, in effect, that his service during the First Gulf
War entitles him to the NDSM.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he served in the Army National Guard
(ARNG) from 5 December 1987 through 31 January 1995.  He was discharged
from the ARNG, under honorable conditions, by reason of unsatisfactory
participation, and transferred to the United States Army Reserve (USAR)
Control Group on 31 January 1995.

2.  The record includes an active duty separation document (DD Form 214)
that confirms the applicant entered active duty to complete his initial
active duty for training (IADT) on 27 January 1988.  This document also
shows that on
28 April 1988, he was honorably released from active duty (REFRAD), by
reason of completion of active duty training, after completing a total of 3
months and
2 days of active military service.  The separation document further shows
that during this period of active duty service, he was awarded the Army
Service Ribbon and the Expert Marksmanship Qualification Badge with Rifle
and Hand Grenade Bars.

3.  The ARNG separation document issued to the applicant on 31 January
1995, confirms that he completed a total of 7 years, 1 month and 23 days of
service for pay, of which 3 months and 2 days were served on active duty.
There is no evidence indicating that the applicant completed any additional
active duty service during his tenure in the ARNG.

4.  A Chronological Statement of Retirement Points (ARPC Form 249-2-E),
dated 27 January 1998, issued by the Army Reserve Personnel Command
(ARPERSCOM), documents the applicant’s service in the USAR subsequent to
his discharge from the ARNG.  This document indicates he earned
15 membership points, 12 inactive duty point, and no active duty points
during the retirement years ending on 8 December 1995, 8 December 1996 and
8 December 1997.
5.  On 10 December 1999, Orders Number 344-527, issued by Headquarters,
90th Regional Support Command, North Little Rock, Arkansas, authorized the
applicant’s honorable discharge from the USAR.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-10 contains
guidance on award of the NDSM.  It states that the NDSM is awarded for
honorable active service during the following periods:  27 June 1950
through 27 July 1954;
1 January 1961 through 14 August 1974; and 2 August 1990 through
30 November 1995.  The regulation also stipulates, in pertinent part, that
ARNG and USAR personnel on short tours of duty to fulfill training
obligations will not be awarded the NDSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the NDSM because he
served during the first Gulf War was carefully considered.  However, there
is insufficient evidence to support this claim.

2.  By regulation, the NDSM is only authorized for honorable active service
and Reserve Component members are not authorized this award for short
periods of active duty to complete training obligations.  The governing
regulation further shows that during applicant’s military service tenure,
the NDSM was only authorized during the period between 2 August 1990 and 30
November 1995.

3.  The evidence of record confirms that the applicant served on active
duty for a period of 3 months and 2 days in 1988, in order to complete his
IADT.  Even had the NDSM been authorized during this period, which it was
not, the applicant still would not have qualified given the purpose of his
active duty was to complete his IADT.

4.  The record further shows the applicant did not serve on active duty
during the NDSM qualifying period between 2 August 1990 and 30 November
1995.  During this period, he earned no active duty points and only accrued
 inactive career and membership points.  Therefore, there is insufficient
evidence to satisfy the regulatory criteria necessary to support award of
the NDSM in this case.
5.  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 and counsel
have failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

_FE______  _KWL___  _AU___  DENY APPLICATION  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                __Fred N. Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100115                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/07/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1999/12/10                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0069                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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