MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:  6 June 1999     
	DOCKET NUMBER:  AR1999023137

	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. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 military records to show that he was assigned to a federalized Army National Guard (ARNG) Brigade which was affiliated with the 1st  Infantry Division during Operation Desert Shield/Desert Storm.  

APPLICANT STATES:  In effect, that his brigade was chosen by the Department of Defense to be the Third Brigade of the First Infantry Division.  The First and Second Brigades participated in Desert Storm.  The Third Brigade was upgraded and trained to wartime readiness level.  The purpose of his request is that he has become a paralyzed veteran and needs a non-service connected pension from the Department of Veterans Affairs (DVA).

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

The applicant attended the Palmetto Military Academy from 10 June 
1989 through 11 August 1990.  Upon completion of his training, on 11 August 1990, he was appointed into the South Carolina, ARNG.  On 15 November 1990, he was appointed and commissioned as a second lieutenant, United States Army Reserve (USAR), in conformance with Title 10, United States Code, Sections 591 and 593. 

On 7 November 1995, the applicant was voluntarily separated from the ARNG with an honorable discharge.  He was transferred to the Individual Ready Reserve (IRR), St. Louis, Missouri. 

In connection with his application, the Army National Guard Readiness Center (ARNGRC), opined (COPY ATTACHED), in essence, that the applicant has failed to provide sufficient evidence to support that he served on active duty during the period in question.  The ARNGRC recommends that this request be denied.

The above advisory opinion was referred to the applicant for comment or rebuttal, and he respond by stating that his unit (the 218th Heavy Separate Brigade) was selected as part of a round out brigade for the 1st Infantry Division. He was entitled to wear the 1st Infantry Division patch and he was entitled to all awards of the 1st Infantry Division during the Persian Gulf War.  He feels this affiliation made him a member of an active duty unit.  He went through all phases of training and his family prepared for him to deploy but the war ended before he was deployed.  However, he provided no evidence that he ever served in a federalized status.

Title 38, United States Code, section 310 and 331, permits the Veterans Administration to award compensation for disabilities which were incurred in or aggravated by active, and in some cases inactive military service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.

2.  The applicant's record contains no evidence and he has submitted none that supports his contention that he served in a federalized ARNG unit during Operation Desert Shield/Desert Storm.

3.  The applicant's physical condition is unfortunate, however, it provides no basis for the change of his military records.  He should continue to work with the DVA on this matter.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023137	
SUFFIX		
RECON		
DATE BOARDED	19990603	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19951107	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Voluntary Separation	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	Correct his military record to show that he served in a federalized ARNG unit during desert shield/desert storm.	
2.		
3.		
4.		
5.		
6.