PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            19 November 1998 
	DOCKET NUMBER:   AC98-11727

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. 

	Mr.	Loren G. Harrell		Director	
	Mr.	Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Mr.	Fred N. Eichorn		Chairperson	
	Mr.	Thomas A. Pagan		Member	
	Ms.	Barbara J. Ellis		Member	

The applicant and counsel if any, did not appear before the Board.

	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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his report of separation (DD Form 214) be corrected to show that his military occupational specialty (MOS) was that of a chemical operations helper, that he was awarded the Expert Marksmanship Badge (M16), and that he separated on 14 February 1968.

3.  The applicant states, in effect, that his records should show his primary MOS as that of a chemical operations helper vice that of a cook, that his records should show that he was awarded the Expert Marksmanship Badge (M16), and that his records should show that he was released from active duty on 14 February 1968 instead of 10 February 1968.

4.  The applicant’s military records show that he enlisted with parental consent on 11 January 1965 for a period of 3 years.  He successfully completed his training as a chemical operations helper and was transferred to Fort Hood, Texas, where he remained until he was transferred to Vietnam on 13 February 1967.  However, just prior to his transfer to Vietnam, the applicant qualified as a Sharpshooter with the M16 rifle.

5.  On 1 November 1967 orders were published awarding the applicant a primary MOS of a cook (94B20) and a secondary MOS of a chemical operations helper.

6.  The applicant remained in Vietnam until he departed on 9 February 1968 for separation from the service at Oakland Army Base in California due to the expiration of his term of service.  All evidence in the available records show that he was honorably released from active duty on 10 February 1968 and was transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation.  He had served 2 years and 10 months of total active service.

7.  The applicant’s DD Form 214 shows that the applicant had a primary MOS of a cook, that he was separated on 10 February 1968, and that he was awarded the Expert Marksmanship Badge (M14 Rifle).  There is no indication that he earned the Expert Marksmanship Badge for his qualification with the M16 rifle, only the sharpshooter badge.  Also there is no place on the DD Form 214 to indicate qualifications in a secondary MOS.

8.  Army Regulation 635-5, in effect at the time, provided the guidelines for the preparation of the DD Form 214.  It stated, in pertinent part, that only the primary MOS held by the individual concerned as authorized by competent orders will be entered on the DD Form 214.  There were no provisions for entering a secondary MOS on the DD Form 214.  

CONCLUSIONS:

1.  The applicant’s records clearly show that just prior to being transferred to Vietnam, he qualified as Sharpshooter with the M16 rifle.  However, there is no indication on his DD Form 214 to show his award of that badge or any indication that he qualified as expert with that rifle.  Therefore, it would be appropriate at this time to correct the error by showing his qualification as a sharpshooter.

2.  The regulation in effect at the time did not provide for entering the secondary MOS on the DD Form 214.  Therefore, since there are orders in his records which show that his primary MOS was that of a cook, there is no basis to correct that portion of his records.

3.  Additionally, all evidence contained in his records show that he was released from active duty on 10 February 1968 and the applicant has failed to show through the evidence submitted or the evidence of record that such was not the case.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Sharpshooter Marksmanship Badge (M16 rifle).

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__fe ____  __tap ___  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON