MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 August 2001
	DOCKET NUMBER:   AR2001055216

	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. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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 the Louisiana War Cross and the Marksmanship Badge be included on his Report of Transfer or Discharge (DD Form 214).

APPLICANT STATES:  That while he was on active duty he was awarded the Louisiana War Cross in 1962 and the Marksmanship Badge on 6 May 1959 and they were omitted from his DD Form 214.

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

He enlisted in the Louisiana Army National Guard (LAARNG) for 3 years on 24 June 1956.  His Chronological Record of Military Service shows that he was awarded the Marksmanship Badge on 6 May 1959.  He was honorably discharged on 23 June 1959 and he was furnished a Report of Separation and Record of Service (NGB Form 22) that reflects his Marksmanship Badge.

On 24 June 1959 he reenlisted in the LAARNG for a period of 1 year and he extended his enlistment for 2 years on 24 June 1960.  

On 1 October 1961, he was ordered to active duty as a member of the 159th Evacuation Hospital and he remained on active duty until he was released from active duty 6 August 1962 and he returned to state control as a member of the LAARNG.  He was furnished a DD Form 214 to reflect his active duty service and his DD Form 214 reflects does not reflect the Louisiana War Cross as an authorized decoration.

On 14 September 1962, he was released from the LAARNG and he was transferred to the United States Army Reserve to complete his obligation.  He was furnished a NGB Form 22 which reflects the Louisiana War Cross and includes his active duty.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214 and will only include entries and awards authorized for active duty personnel.  The Louisiana Cross is a State award and is not authorized for entry 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.  The Board has noted the applicant’s contentions.  However, the Marksmanship Badge was appropriately omitted from his DD Form 214 because it was awarded to the applicant on 6 May 1959 and it was included on his NGB Form 22 for the period covering 24 June 1956 through 23 June 1959.
2.  The Louisiana War Cross is a State issued award and it is not authorized for entry on a DD Form 214.  Therefore, it was omitted from his DD Form 214 and it was included on his NGB Form 22.

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 this 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

__gw ___  ___inw __  ___fe ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001055216	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000.0000	
2.  1	110.0400.0000	
3.		
4.		
5.		
6.