MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 May 2000
	DOCKET NUMBER:   AR1999034826

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he entered active duty on 12 May 1984.  He also requests that his marksmanship qualification badges (rifle and grenade) both be changed to Expert.

APPLICANT STATES:  That his active duty entry date on his DD Form 214 is wrong; that he was sworn in on 12 May 1984.  He also states that the medals shown on his DD Form 214 are wrong for the M-16 rifle and grenade.  Both badges should state “expert”, as he did not miss a target.

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

He enlisted in the US Army Reserve Delayed Entry Program (DEP) on 4 June 1984.  On 12 July 1984, he enlisted in the Regular Army and entered active duty status for 3 years.  These dates are supported by his DD Form 4 (Enlistment Document) which the applicant authenticated with his signature.

The applicant’s official military personnel file does not contain any orders or other documentation awarding him the Expert Marksmanship Qualification Badge for the M-16 rifle or the grenade.  His DA Form 2-1 (Personnel Qualification Record) shows he qualified marksman with the M-16 rifle and sharpshooter with the grenade.

The applicant was discharged on 14 May 1986 at Fort Dix, New Jersey.  His DD Form 214 shows he entered active duty on 12 July 1984 and was credited with 1 year, 10 months and 3 days of active service.  He was also credited with 1 month and 8 days of prior inactive service (for his time in the DEP).  His qualification badges are shown as Marksman (M-16 Rifle) and Sharpshooter (Hand Grenade).

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 evidence of record shows that the applicant entered active duty on 
12 July 1984.  Therefore, the entry in item 12a (Date Entered Active Duty This Period) of his DD Form 214 is correct.

2.  The applicant enlisted in the DEP on 4 June 1984.  His time served in a delayed entry status is considered inactive service and is accounted for in item 12e (Total Prior Inactive Service).

3.  There is no available evidence to show that the applicant ever qualified as an expert with either the rifle or the grenade.

4. 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.

5.  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

__jev___  ___sk____  __jpi____  DENY APPLICATION

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

INDEX

CASE ID	AR1999034826	
SUFFIX		
RECON		
DATE BOARDED	20000531	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.