MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           18 July 2002                  
	DOCKET NUMBER:   AR2002071165

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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, correction of his DD Form 214, Certificate of Release or Discharge From Active Duty, dated 16 June 1986, to reflect all awards and decorations and that he completed the German Language, the Special Forces Military, the Special Forces Qualification, and the Airborne courses.

APPLICANT STATES:  In effect, that prior to discharge from the Army, he signed a blank DD Form 214.  That DD Form 214 had no military schools listed.  After discharge from the Army, he enlisted in the United States Marine Corps (USMC). Upon discharge from the USMC, he was issued a DD Form 214 that reflects the Army schools he attended.

In support of his request, the applicant submits copies of documents from his USMC personnel file that show he attended various Army schools.  (The applicant did not submit copies of Army issued orders, diplomas or certificates to support his request).

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

He entered the Regular Army on 16 August 1983.  He completed training in military occupational specialty 11B1C2 (Infantryman and Dragon Gunner), and achieved the rank of specialist.

A DD Form 214, signed by the applicant, reflects that he was honorably discharged on 16 June 1986, at the rank of specialist, under the provisions of Army Regulation 635-200, Enlisted Personnel, chapter 4, for expiration term of service-Fiscal Year 1986 Early Release Program.  He had completed a total of 2 years, 10 months and 1 day of creditable active service and had no lost time.  Neither the Parachutist Badge or the Special Forces Tab are listed in item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons, Awarded or Authorized.  Item 14, Military Education contains the entry "NA."

A DD Form 214, signed by the applicant reflects that he entered the USMC on 20 October 1986.  He was dishonorably discharged on 6 February 1997, at pay grade E-1, under the provisions of Marine Corps Separation Manual 
paragraph 1105 as a result of a court-martial.  He had completed a total of 9 years, 10 months and 8 days of creditable active service and had 159 days of lost time.  Item 14, Military Education, contains the entries: "German Language Course ('84), the Special Force Military ('84), Special Force Qualification ('85), Airborne ('83)." 

A Navy/Marine Corps Form 118, reflects that the applicant attended the following Army schools or courses:  Basic Training, Dragon, Anti-Armor, German Language, Military Freefall, Pathfinder, German Army Sniper School, Air Assault, Basic Airborne, and Special Forces.  Handwritten notes on the form indicate the applicant did not have a Pathfinder Badge and there were no records to support the Airborne or Special Forces entry.

There are no orders or certificates in the applicant's records to indicate that he attended and completed the German Language Course, the Airborne School, the Special Forces Military or Special Forces Qualification Courses or that he was awarded the Parachutist Badge or the Special Forces Tab.

The applicant did not specify or submit evidence of awards or decorations that are not reflected on his DD Form 214.

On 7 November 1997, the Board notified the applicant that his application was being returned because of a lack of necessary documentation.

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 has provided no evidence and the record contains no evidence showing that he completed the German Language or Special Forces Military, or Special Forces Qualification or Airborne Courses.  The applicant has failed to provide any explanation why he did not submit copies of Army issued orders authorizing travel to and/or from the courses, or copies of course completion certificates, academic evaluation reports, or orders awarding him the appropriate badges.  The applicant has provided no explanation why the Navy/Marine Corps Form 118, he submitted, shows evidence that he claimed completion of additional Army schools without any supporting evidence.  

2.  The applicant has provided no information or evidence that he was issued or earned awards and decorations not reflected on his DD Form 214.
 
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 satisfies 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

__sk ____  ___rvo___  ____jpi _  DENY APPLICATION

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

INDEX

CASE ID	AR2002071165	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.100.07		
2.		
3.		
4.		
5.		
6.