MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 September 2001  
	DOCKET NUMBER:   AR2001057038

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lester Echols		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:  Correction of item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in an active Federal status under Title 10 instead of a Title 32 Active Guard Reserve (AGR) status. 

APPLICANT STATES:  That he was on active duty during the Gulf War and that the entry “Title 10” was omitted from his discharge document.  In support of his application, he submits a copy of his DD Form 214, a document titled “Instructions for VA Form 26-1880” and an excerpt from a Department of Veterans Affairs booklet.

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

The applicant was ordered to active duty for training on 27 February 1990 as a member of the Connecticut Army National Guard in the AGR Program.  He served as an infantryman and was honorably released from active duty on 
31 January 1992 for voluntary termination of his AGR tour.

Item 18 (Remarks) on the applicant’s DD Form 214 with an effective date of 
31 January 1992 shows the entry “ACTIVE DUTY SERVICE LISTED IN ITEM #12 WAS IN AGR STATUS AS A MEMBER OF THE CTARNG [Connecticut Army National Guard].  ADT [Active Duty Training] AUTHORITY 32 USC 502(f)”.

There is no evidence in the available records which shows the applicant served in an active Federal status during the period 27 February 1990 through 
31 January 1992.

Title 32, United States Code, Sections 101 and 502(f) provide for the members of the Army National Guard of the States and territories to be ordered to “Full-time National Guard duty.”  Title 32 defines “Full-time National Guard duty as training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States in the member’s status as a member of the National Guard of a State or territory.  Personnel who are ordered to “Full-time National Guard duty” under Title 32 for the purpose of organizing, administering, recruiting, instructing, or training the Army National Guard of the United States are administered by the respective States and territories are members of the AGR Program.

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.  Evidence of record shows the applicant served under Title 32 in an AGR status from 27 February 1990 through 31 January 1992. 

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was in an active Federal status during the period 27 February 1990 through 31 January 1992.  Therefore, the entry in item 
18 (Remarks) on his DD Form 214 which shows he served under Title 32 in an AGR status is correct as currently constituted.

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.

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

JNS_____  REB____  LE______  DENY APPLICATION

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

INDEX

CASE ID	AR2001057038	
SUFFIX		
RECON		
DATE BOARDED	20010925	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	113.0000	
2.		
3.		
4.		
5.		
6.