MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            14 October 1998                                    
	DOCKET NUMBER:   AC98-09398

	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. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Robert W. Garrett		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:  That his DD Form 214 (report of separation) be corrected to show that he served 3 years in Germany and that he was assigned to a USAR unit from 8 September 1979 through 7 September 1982.

APPLICANT STATES:  That he has requested a new copy of his DD Form 214 but they just send him the one from his active duty time.

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

He enlisted and entered active duty on 9 September 1976.  He completed training as a power equipment operator/repairer and was assigned to Germany from 21 April 1977 to 2 September 1979.  He was separated from active duty and transferred to the Army Reserve on 5 September 1979.

His DD Form 214 shows that he had 2 years, 11 months, and 27 days creditable service.  Block 18 shows his foreign service as 2 years, 4 Months, and 12 days.  Block 27 shows that his foreign service was in Germany.  NOTE:  The Board notes that block 26 (awards) is blank notwithstanding the fact that the records show that he is eligible for the Army Service Ribbon and the Overseas Service Ribbon.

The available records show that the applicant’s Ready Reserve service included assignment to a USAR unit from 11 September 1979 until his discharge effective 8 September 1982.  As required by Army regulations, the applicant was issued a discharge order and discharge certificate.

Army Regulation 635-5 provides the policy for issuance of a DD Form 214.  It provides, in pertinent part, that a DD Form 214 will be issued showing the individuals record of service upon his separation from active duty.  It does not provide for a DD Form 214 upon separation from the Reserve Components when not on active duty.

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 applicant’s DD Form 214 accurately reflects his overseas service and total active duty service.  He is not entitled to a change in his overseas service as he now requests.

2.  The applicant is entitled to the award of the Army Service Ribbon and the Overseas Service Ribbon and the Army Review Boards Agency Support Division will be advised to administratively correct his records to reflect these two awards.
3.  The applicant is not entitled to a DD Form 214 showing his USAR service because it was not active duty service as the regulation provides for.  If he desires a statement of service for his Reserve Component duty he should be advised that he may request one from the Army Reserve Personnel Command.

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

JNS_____  EMW_____  RWG_____  DENY APPLICATION

						Loren G. Harrell
						Director