MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 April 2002 
	DOCKET NUMBER:   AR2001066040

	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. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served in the Regular Army instead of the Army National Guard.

APPLICANT STATES:  In effect, that he enlisted in the Regular Army and was never in the National Guard.  He contends that due to family problems he was transferred to the U.S. Army Reserve (USAR).

COUNSEL CONTENDS:  The American Legion, as counsel for the applicant, invites the Board’s attention to the injustice raised by the applicant.  Counsel opines that this submission, in conjunction with the official Army records, amply advance the applicant’s contentions and substantially reflect the probative facts needed for an equitable review.   

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

On 17 April 1958, the applicant enlisted in the New Mexico Army National Guard (NMARNG) for a period of 3 years.  He was ordered to active duty for training on 22 June 1958 and was honorably released from active duty on 19 December 1958 and returned to the NMARNG to complete his remaining service obligation of 2 years and 4 months.  On 16 April 1961, the applicant was honorably discharged from the NMARNG and transferred to the USAR.  He was honorably discharged from the USAR on 30 April 1964. 

The applicant’s DD Form 4 (Enlistment Contract), dated 17 April 1958, shows he enlisted in the NMARNG for a period of 3 years. 

There is no evidence in the available records which shows the applicant enlisted in the Regular Army.  

The applicant’s military records show that he was issued a DD Form 214 at the time of his release from active duty training on 19 December 1958.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he enlisted in the Regular Army.

2.  The applicant’s contention that he was never in the National Guard is not supported by the evidence of record.  His enlistment contract shows he enlisted in the NMARNG on 17 April 1958 for a period of 3 years.  Therefore, there is no basis for granting the applicant’s request.

3.  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.

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

AAO___  RWA_____  KYF_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001066040	
SUFFIX		
RECON		
DATE BOARDED	20020404	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	113.0000	
2.		
3.		
4.		
5.		
6.