MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:          11 September 2003                   
		DOCKET NUMBER:  AR2003087739

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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) to show his expiration of term of service (ETS) as 25 September 2001.

APPLICANT STATES:  That he was asked and agreed to be assigned into the Inactive Ready Reserve after he was discharged from active duty.  He claims that he met all the requirements to maintain that position in the Inactive Ready Reserve.  In support of his application, he submitted a copy of his DD Form 214, a DA Form 4651-R (Request for Reserve Component Assignment or Attachment), and orders discharging him from the U.S. Army Reserve (USAR).

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

The applicant enlisted in the USAR under the Delayed Enlistment Program on 28 January 1993 for a period of 8 years.  He enlisted in the Regular Army on 28 March 1993 for a period of 4 years.

The applicant was discharged from active duty on 28 May 1996 and was issued a DD Form 214.

The applicant provided a copy of an undated DA Form 4651-R which shows his ETS date as 27 May 2001.

The applicant also provided a copy of Department of the Army, U.S. Army Reserve Personnel Command Orders D-09-145343, dated 25 September 2001, which shows he was discharged from the USAR Control Group (Reinforcement) on the effective date of the orders.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that a DD Form 214 will only be issued for active duty service.

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 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.

2.  The evidence of record shows the applicant enlisted in the Regular Army on 28 March 1993.

3.  The applicant was discharged from active duty on 28 May 1996 and was properly issued a DD Form 214 for this period of active duty.

4.  The Board noted the applicant's contentions; however, in accordance with Army Regulation 635-5, the applicant is not entitled to correction of his DD Form 214 for service in the USAR.  

5.  Based on the foregoing, the Board has determined that there is no error or injustice that exists in this case.  Therefore, 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______  CJP____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087739	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030911	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.