MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 August 2003
	DOCKET NUMBER:   AR2003087788

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of his initial enlistment. 

APPLICANT STATES:  In effect, that he enlisted on 30 March 1988 for a period of 4 years.  He contends that the military made a mistake on his records and he should have a DD Form 214 for that honorable period of service.  In support of his application, he submits a copy of an undated Veterans Affairs Administrative Decision and a copy of an undated letter of explanation. 

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

The applicant enlisted on 30 March 1988 for a period of 4 years.  He served as a cannon crewmember and was honorably discharged on 25 September 1991 for immediate reenlistment.  On 26 September 1991, he reenlisted for a period of 
3 years.  On 1 April 1994, the applicant was dishonorably discharged under the provisions of Army Regulation 635-200, chapter 3, as the result of a general court-martial conviction.

The applicant's DD Form 214 covers the period of service from 30 March 1988 through 1 April 1994.  

Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments. 

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 Board considered the applicant's request that he be issued a DD Form 214 for the period of his initial enlistment.  However, the applicant was honorably discharged on 25 September 1991 for immediate reenlistment.  The governing regulation states that, effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments.  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

AAO___  TL______  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087788	
SUFFIX		
RECON		
DATE BOARDED	20030828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0400	
2.		
3.		
4.		
5.		
6.