MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            2 December 1998
	DOCKET NUMBER:   AC98-11695

	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.	Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Mr.	Raymond V. O’Connor, Jr.		Chairperson	
	Mr.	George D. Paxson		Member	
	Mr.	John H. Kern		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 records be corrected to show that he was awarded the National Defense Service Medal (NDSM), the Army Achievement Medal (AAM) first oak leaf cluster (1OLC), and that he attended military training for military occupational specialty (MOS) 12E10.

APPLICANT STATES:  That at the time of his separation, his separation document (DD Form 214) did not reflect his entitlement to award of the NDSM, the AAM 1OLC, and his attendance at the 12E course.

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

The applicant enlisted on 8 July 1981 for a period of 4 years.  He continued to serve until he was honorably released from active duty in the pay grade of E-5 on 5 July 1985, at the expiration of his term of service.

His records show that he was awarded the AAM on 7 August 1985 for the period of service from 22 November 1983 to 7 July 1985.  There is no indication that he was ever awarded the AAM 1OLC.  His records also indicate that he completed the Atomic Demolition Munitions Enlisted Course on 27 April 1982; however, the completion certificate does not indicate the duration of the course.  

Army Regulation 600-8-22 serves as the authority for award of the NDSM.  It states, in pertinent part, that the NDSM is awarded for honorable active service during any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, and between 2 August 1990 and a date to be determined.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that only non-combat arms related courses that are 1 week (40 hours) or more in duration will be entered on the DD Form 214. 

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 the aforementioned requirement.

2.  The evidence submitted by the applicant  with his application as well as the evidence of record fails to show that the applicant was awarded the AAM 1OLC. Therefore there is no basis to correct his record to show such an award.

3.  The applicant did not serve on active duty during one of the periods prescribed by the applicable laws and regulations that are necessary to qualify for award of the NDSM.  Therefore, the applicant is not entitled to the award. 

4.  While the evidence of record does indicate that the applicant attended the 12E course, it does not indicate the period/duration of the course, which is necessary to enter any course on the DD Form 214.  Additionally, the Board notes that the course is a combat arms related course that is not authorized for entry on the DD Form 214. 

5.  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 ___  ___gp___  __jhk ___  DENY APPLICATION

						Loren G. Harrell
						Director