MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002073396

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Karen Y. Fletcher		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:  Awards for service in Uzbekistan during Operation Enduring Freedom. 

APPLICANT STATES:  That awards were not included in his DD Form 214 (Certificate of Release or Discharge from Active Duty) at the time of his release from active duty.     

EVIDENCE OF RECORD:  The available military records are those furnished by the applicant.

The applicant’s DD Form 214 shows that he entered on active duty on                 7 September 1995 and was released from active duty in the grade of Sergeant on 30 November 2001 and transferred to a National Guard unit in Rome, New York.

On 20 September 2001 Headquarters, 10th Mountain Division published orders assigning a unit of the 1st Battalion, 87th Infantry on a temporary change of station to Operation Desert Shift with the United States Central Command.  

A 7 October 2001 personnel manifest reflects the applicant’s name and his unit identification code (UIC).  

North Atlantic Treaty Organization (NATO) travel orders dated 8 November 2001 show that the applicant was directed to travel from Uzbekistan to Charleston Air Force Base via Incerlik, Turkey on 8 November 2001.  Authority for travel was indicated as “Enduring Freedom.”   

On 21 December 2001 the Assistant Secretary of the Army authorized award of the Armed Forces Reserve Medal with “M” device to Reserve Component members who were mobilized for Operation Noble Eagle or Operation Enduring Freedom.  

Information obtained from the Total Army Personnel Command (PERSCOM) Awards Branch on 23 September 2002 revealed that there were no awards yet authorized [other than that mentioned above] for participation in Operation Enduring Freedom.

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 not indicated to the Board the award or awards that he believes that he is entitled to.  Nonetheless, there is no evidence that the applicant is entitled to an award for his participation in Operation Enduring Freedom.  The Board notes that an award was authorized for Reserve Component soldiers who mobilized for Operation Enduring Freedom.  The applicant, however, at the time of his service in Uzbekistan was not a member of the Reserve Components, but a Regular Army soldier.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that 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

__RVO__  __RJW   _  __KYF __  DENY APPLICATION

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

INDEX

CASE ID	AR2002073396	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020926	
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.	107.00	
2.		
3.		
4.		
5.		
6.