MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 December 1999
	DOCKET NUMBER:   AR1999023837

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 general, under honorable conditions discharges (GD’s) from the Army National Guard and from the USAR be upgraded to an honorable discharge (HD).  In addition, he requests that the State (Arkansas) listed on a DD Form 303A (Discharge Certificate from the Army of the United States), issued him for his discharge on 1 June 1972, be changed to Alaska.

APPLICANT STATES:  In effect, that he was advised by the VA that his discharge could be upgraded with proof of his honorable service and that he is currently in bad health and does not want this passed on to his siblings.

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

On 16 September 1966, the applicant was commissioned a 2nd Lieutenant in the USAR and was concurrently appointed to an infantry officer in the Army National Guard (ARNG) of Alaska. 

On 21 June 1968, the applicant’s ARNG commander advised the applicant that he was taking action to initiate his priority induction into the Army of the United States (AUS), based on his unsatisfactory participation in unit training.  The stated reason for this actions was the applicant’s failure to perform obligated service by refusing to attend an annual field training exercise.  In addition, the action contained a signed statement from the applicant, in which he acknowledged that he was aware of the consequences of his refusal.  The unit commander also commented that the chain of command was aware of the applicant’s plans to enter active duty and these plans were fully considered prior to his being ordered to active duty for the annual field training.  Further, it had been determined that the field training would not interfere with the applicant’s active duty plans; however, the applicant still chose to ignore the order to annual training.  

On 27 August 1968, the applicant was separated from the ARNG with a general, under honorable conditions discharge (GD), by reason of priority induction for unsatisfactory participation.  On 28 August 1968, the applicant was inducted into the AUS for 2 years at Anchorage, Alaska, and was ordered to report to active duty at the reception station at Fort Lewis, Washington.  

In June 1969, the applicant queried the Adjutant General’s Office (AGO) concerning his status as a Reserve commissioned officer.  The reply indicated that at the time he was discharged from the ARNG for unsatisfactory participation and inducted into the AUS, his removal as a commissioned officer of the Reserve was mandatory.  On 10 October 1969, a letter order was issued by the AGO which effected the applicant’s GD from the USAR and as a Reserve commissioned officer, by reason of failure to participate satisfactorily in required Ready Reserve Training, effective 27 August 1987.  

The applicant served on active duty until he was discharged honorably, in the rank of sergeant/E-5, on 1 June 1972.  His active duty service included 
20 months of combat service in Vietnam during which he participated in five campaigns.  Among the most significant awards he earned while on active duty were three Purple Hearts; a Bronze Star Medal; and the Combat Infantryman Badge.

His record includes a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which shows that he was discharged from active duty at Fort Richardson, Alaska and that he was issued a DD Form 256A (Honorable Discharge Certificate) on that same date.

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 separation from the ARNG and the USAR were accomplished in accordance with applicable regulations at the time, and the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

2.  The applicant’s outstanding performance and contributions while on active duty are well documented in the record.  His active duty service earned him the right and entitlement to all veterans benefits associated with honorable service.  Therefore, the Board determined that upgrades to his discharges from the ARNG and the USAR would provide no effective relief.  

3.  The Board also noted that the applicant requested that the State (Arkansas) listed on a DD Form 303A (AUS Discharge Certificate) be corrected to read Alaska.  However, during the review of this case, the Board found that this certificate was issued to the applicant in error.  The correct discharge certificate for the applicant’s Regular Army service was a DD Form 256A, and the record shows that he was issued that certificate at Fort Richardson, Alaska, on 1 June 1972, the date he was discharged from active duty.

4.  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.

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

__hof ___  __mw___  ___dw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023837	
SUFFIX		
RECON		
DATE BOARDED	1999/12/21	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1968/08/27	
DISCHARGE AUTHORITY	AR 135-190	
DISCHARGE REASON	Unsatisfactory Performance	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.