MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 October 2002                  
	DOCKET NUMBER:   AR2002071201

	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. Lee Cates	 	Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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 items 21 (Date and Place of Enlistment) and 29 (Highest Grade Held) of his NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service in the Army National Guard (ARNG) of Wisconsin and as a Reserve of the Army), dated 28 September 1959, be corrected to show that he enlisted on 12 January 1953, in White Fish Bay, Wisconsin and served as a SP-5 (specialist fifth class).

APPLICANT STATES: That item 25 (NGB Form 22) contains the correct dates of enlistment.  He provides a NGB Form 22, completed on 28 September 1959, in support of his application.

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

During the period 12 January 1953 to 11 January 1956, he served in the Wisconsin (WI) ARNG.  His military occupational specialty (MOS) was 631 (Wheeled Vehicle Mechanic). He was honorably separated in the rank of SP-3 (specialist third class), pay grade E-4.

During the period 12 January 1956 to 11 January 1959, he served in the WIARNG.  His MOS was 631. He was honorably separated in the rank of specialist second class, pay grade E-5.

During the period 12 January 1959 to 28 September 1959, he served in the WIARNG.  His NGB Form 22 shows 8 months and 16 days for this service.  It also shows his previous ARNG service from 12 January 1953 to 11 January 1956 and 12 January 1956 to 11 January 1959, with a total service for pay of 6 years, 8 months and 16 days.  He was separated in the rank of specialist fourth class (SP-4), pay grade E-4.  He was issued a general, under honorable conditions discharge based on his continued and willful absence.  He was transferred to the Army Reserve Control Group (Reinforcement).  He was discharged from the Control Group on 11 January 1961, in the rank of SP-4, E-4. His MOS was 773 (Ordnance Parts Specialist).

He was enlisted in the ARNG on 24 February 1976 in the rank of SP5 and served until his retirement on 15 April 1994, at age 60.  He was credited with 24 years, 10 months and 8 days for retirement and 25 years, 10 months and 7 days for pay.

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 evidence of record clearly shows the applicant enlisted in the WIARNG for the period of service in question on 12 January 1959, in the rank of SP-2.  He has not shown he was erroneously discharged from the WIARNG on                 28 September 1959 in the rank of SP-4.  He was transferred to the Army Reserve Control Group (Reinforcement).

2.  The NGB Form 22 dated 28 September 1959 properly shows his enlistment in the ARNG on 12 January 1959, and his separation on 28 September 1959, with 8 months and 16 days for that period of service.  The NGB Form 22 also properly shows his prior enlistments and credit for 6 years of prior service.

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

_MTV__  _JHL___  _RTD__         DENY APPLICATION

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

INDEX

CASE ID	AR2002071201	
SUFFIX		
RECON	  	
DATE BOARDED	20021017	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100	
2.		
3.		
4.		
5.		
6.