MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 April 1999                    
	DOCKET NUMBER:   AR1999022107

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell 		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Christopher J. Prosser		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:  In effect, that his total length of service in the National Guard be shown on a DD Form 214 (Certificate of Release or Discharge from Active Duty). 

APPLICANT STATES:  In effect, that he served in the National Guard from
26 February 1980 until 14 September 1993 and does not have a DD Form 214 which reflects this period of service.  He contends that he is not eligible for Veterans Administration benefits based on his “old” DD Form 214.  In support of his application, he submits a copy of a DD Form 214 with an effective date of
22 May 1980, discharge orders and certificate dated 14 September 1993, and an Oklahoma Army National Guard (OKARNG) Form 3811.  

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

On 28 January 1980 the applicant enlisted in the OKARNG for a period of
6 years.  He was ordered to active duty for training on 26 February 1980 and was honorably released from active duty on 22 May 1980.  On 31 January 1985 he was honorably discharged from the OKARNG.  He reenlisted for 1 year in the OKARNG on 1 February 1985.  On 1 July 1985 he was separated with a general discharge for unsatisfactory participation and assigned to the USAR Control Group for completion of his obligation.  On 6 August 1986 he was honorably discharged from the Ready Reserve.  He reenlisted in the OKARNG on 
15 September 1986 for a period of 1 year.  On 13 September 1987 he reenlisted for a period of 6 years.  He was separated with a general discharge on 16 May 1990 for being an unsatisfactory participant and was assigned to the USAR Control Group for completion of his obligation.  He completed his reserve obligation and was honorably discharged on 14 September 1993.

The applicant’s military records show that he was issued a DD Form 214 at the time of his release from active duty training on 22 May 1980.  

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that a DD Form 214 will only be issued for active duty service.           

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 evidence of record shows the applicant was properly issued a DD Form 214 at the time of his release from active duty training on 22 May 1980.

2.  The Board noted the applicant’s contentions; however, in accordance with Army Regulation 635-5, he is not entitled to a DD Form 214 for his service in the OKARNG. 
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 the aforementioned 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

AMC____  ESC____  CJP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022107	
SUFFIX		
RECON		
DATE BOARDED	19990429	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19900914	
DISCHARGE AUTHORITY	AR 135-178  	
DISCHARGE REASON	OBLIGATION COMPLETE	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135	
2.		
3.		
4.		
5.		
6.