MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:           2 October 2003
		DOCKET NUMBER:  AR2003087833

	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:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		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:  That his records be corrected to reflect awards of the Joint Service Ribbon (JSR), the Meritorious Unit Citation (MUC) and the Humanitarian Service Medal (HSM).

APPLICANT STATES:  That he served in El Salvador and Honduras in 1998 and 1999 and is entitled to have his records show awards of the JSR, the MUC and the HSM, that were omitted from his report of separation (DD Form 214) at the time of separation.

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

He enlisted on 26 February 1996, completed his basic combat training at Fort Leonard Wood, Missouri, and his advanced individual training (AIT) at Aberdeen Proving Ground, Maryland.  Upon completion of his AIT, he was transferred to Korea for duty as a power generator mechanic.  He completed his tour in Korea and was transferred to Fort Campbell, Kentucky, where he was assigned to B Company, 7th Battalion, 101st Aviation Regiment on 2 September 1997.  

On 2 September 1998, he reenlisted for a period of 4 years, assignment to Fort Irwin, California, and a selective reenlistment bonus.  He transferred to Fort Irwin on 6 April 1999.

On 5 April 2001, while at Fort Irwin, he again reenlisted for a period of 4 years and served until he was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  He had served 6 years, 7 months and 1 day of total active service and his DD Form 214 shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Sharpshooter Marksmanship Badge with Rifle and Grenade bars.

A review of his personnel qualification record (DA Form 2-1) confirms the awards on his DD Form 214 and a review of his Official Military Personnel File (OMPF) fails to reveal any additional awards or the applicant's presence in El Salvador or Honduras.

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 applicant has not provided any evidence nor does his records contain any evidence to show that the applicant served in Honduras or El Salvador or that he is entitled to any awards for service in those countries.

3.  Although the Board is not an investigative agency, all attempts to ascertain his entitlement to the awards he claims he is entitled have proven negative.  Accordingly, absent evidence to the contrary showing his entitlement to those awards, there is no basis for the Board to grant them at this time.

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

___jm___  __kan___  __le ____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087833	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  46	107.0000/AWDS	
3.		
4.		
5.		
6.