MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 November 2002
	DOCKET NUMBER:   AR2002074178

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer		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 his general discharge from the Oregon Army National Guard (ORARNG) be upgraded to honorable, that his separation date be changed to 11 January 1990, that the authority and reason for separation be changed to reflect that he served until the end of his contract, and that he had served on active duty in Korea.

APPLICANT STATES:  In effect, that his report of separation (NGB Form 22) incorrectly reflects that he was discharged on 5 February 1988 with a general discharge, by reason of unsatisfactory participation.  He goes on to state that he served on active duty in Korea during annual training during the period of 20 March 1988 to 9 April 1988.  He also states that he initially enlisted for a period of 2 years in the ORARNG and 2 years in the Inactive Reserve.  After his first enlistment was completed, he extended on a year-to-year basis until 11 January 1990, when he requested to be released due to poor promotion probability.

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

He enlisted in the ORARNG on 25 October 1982 for a period of 6 years.  At the time of his enlistment, he agreed to serve 3 years in the ORARNG and then to be transferred to the Unites States Army Reserve (USAR) Control Group (Individual Ready Reserve).  He successfully completed his initial active duty for training (IADT) on 26 May 1983 and was returned to his ORARNG unit for duty as a light weapons infantryman. 

He extended his enlistment on 24 October 1985 for a period of 3 months and on 6 January 1986, he extended his enlistment an additional 6 years.

The facts and circumstances surrounding his discharge are not present in the available records.  However, his records do show that he served on active duty during annual training in Korea during the period of 20 March 1988 to 9 April 1988. 

Meanwhile, on 6 April 1988, orders were published by the Military Department, State of Oregon, which discharged the applicant with a general discharge effective 5 February 1988, due to unsatisfactory participation.  The orders and the NGB Form 22 were subsequently amended to reflect a separation date of 10 April 1988.  His orders directed his transfer to the USAR Control Group (Individual Ready Reserve), where he remained until he was honorably discharged from the USAR on 24 April 1992. 

The Army National Guard Retirements Credits Record (NGB Form 23) contained in his records shows that he had creditable years for retirement purposes from 1982 to 1987 and that his last year (1988) was not deemed a creditable year (30 points), even with his 21 days of active duty during annual training.  There is no indication in the available records to show that he actively participated after 9 April 1988.

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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative discharge from the ORARNG was accomplished in accordance with applicable laws and regulations, with no violations of the applicant’s rights.  Accordingly, it must also be presumed that his discharge was commensurate with his record of service at the time.

2.  The Board has noted the applicant’s contentions.  However, they are not supported by the evidence of record.  His NGB 22 was subsequently corrected to reflect a separation date of 10 April 1988 and his records accurately reflect his active duty service on his NGB Form 23.  He had no prior service before enlisting in the ORARNG, therefore, it was not appropriate to list his active duty periods on the NGB 22 for the period covered by that form.

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

___js ___  ___mm__  ___sw___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074178	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/19	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1988/04/10	
DISCHARGE AUTHORITY	NGR 600-200, 8-27G	
DISCHARGE REASON	UNSAT PART	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  742	144.8400/A84.00	
2.		
3.		
4.		
5.		
6.