MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 October 1999                   
	DOCKET NUMBER:   AR1999027201

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Roger W. Able		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 he be given the National Defense Service Medal (NDSM); the expert qualification badge, rifle; all his military clothing; and the rank of Specialist Four (SP4) in the National Guard.

APPLICANT STATES:  That he never received the NDSM upon his discharge, that he requalified as an expert rifleman, that he was extended one day for the convenience of the military, and that he never received an upgrade to SP4 for time served in the National Guard.

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

He enlisted in the Regular Army on 21 October 1971.  He was promoted to SP4 on 15 December 1973.  

The applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) on 8 July 1974 for failing to go to his appointed place of duty and disobeying a lawful order.  His punishment included a suspended reduction to Private First Class.  The suspension was later vacated. On 4 October 1974, he accepted NJP under Article 15, UCMJ for disobeying a awful order.  His punishment included a reduction to Private, E-2.  

On 21 October 1974, the applicant was released from active duty, in pay grade E-2, upon completing his term of service.  He had received a 1-day extension for the convenience of the Government making his total creditable active service 3 years and 1 day.  His DD Form 214 shows he was awarded the NDSM and the marksman badge, rifle M-16.  There is no evidence of record to show he qualified as an expert on the rifle M-16.

On 12 August 1991, the applicant requested his complete service and medical records by completing and signing Standard Form 180.  On this form he checked that he had no National Guard 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.  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.  There is no evidence of record to show the applicant qualified for an expert badge, rifle M-16.  His DD Form 214 shows he was awarded the NDSM.  It is standard practice to issue this service medal upon completion of basic training.

3.  The applicant does not specify what is/was incorrect about his military clothing.  There is no evidence of record to show the applicant was a member of the National Guard.  He does not provide any such evidence and in 1991 he indicated that he had never had National Guard service.

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

__aao___  __vbc___  __rwa___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027201	
SUFFIX		
RECON		
DATE BOARDED	19991006	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.