MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             2 February 2000
	DOCKET NUMBER:    AR1999021523

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 
7 (U.S. Citizen) the entry ”yes” instead of “no” and to show in item 23a (Specialty Number & Title) 95B10 –12 APR 71 Mil Pol (Military Policeman) instead of 94B20-19 Nov 71 Cook None”.

APPLICANT STATES:  In effect, that he was sworn in at Fort Benning, Georgia at Military Police Headquarters.  He also states that he passed his General Education Diplomacy (GED) testing while assigned to Fort Benning, Georgia.  He further states that he completed on the job training (OJT) for 90 days for award of primary occupation specialty (PMOS) 95B10.  

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

He was inducted on 19 January 1971 and continued to serve until he was honorably discharged on 18 January 1973.

Item 7 (U. S. Citizen) of his DD Form 214, which was authenticated in his own hand, shows “no”.

The applicant’s DD Form 47 (Record of Induction) shows that he was born in Havana, Cuba and that he was not a U.S. Citizen.  His DD Form 47 also shows 
that he entered the United States for temporary residence and received Alien 
Registration Card Number “A 64 758”.

The applicant’s DD Form 398 (Statement of Personal History) shows that the applicant was an alien, that his Alien Registration Number was “A#12 90 8238”, that his native country was Cuba, that he entered the United States on 20 February 1962 at Miami, and that he intended to become a U.S. Citizen.

Headquarters, United States Army Training Center, Infantry, Special Orders Number 64, dated 18 March 1971, shows that the applicant was assigned to Fort Benning, Georgia for on the job training (OJT) in military occupational specialty (MOS) 95B10 with a reporting date of 9 April 1971.

Headquarters, United States Army Infantry Center, Fort Benning, Georgia,
Assignment Memorandum Number 70, dated 12 April 1971, shows that the applicant was assigned for OJT in MOS 95B10 and upon completion of training
was assigned to the 139th Military Police Company.

Headquarters, United States Army Infantry Center, Fort Benning Georgia,
Special Order Number 259, dated 16 September 1971, shows that the applicant was assigned to the US Army Training Center, Fort Polk, Louisiana for OJT in MOS 94B20 (Cook).  

Headquarters, United States Army Training Center, Infantry and Fort Polk, Special Orders Number 307, dated 9 November 1971 awarded the applicant the PMOS of 94B20.

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.  Evidence of record shows that at the time the applicant enlisted he was 
an alien and that he indicated he intended to become a U.S. Citizen.  However, there is no evidence in his personnel records, and the applicant has provided no evidence to show that he became a U.S. Citizen prior to his discharge.  Therefore, there is no basis to change item 7 (U.S. Citizen) of his DD Form 214.

2.  Evidence of record shows that the applicant served in MOS 95B10 in a Military Police Company; however, he was never officially awarded the PMOS of 95B10. Evidence of record also shows that he was officially awarded the PMOS of 94B20 on 9 November 1971.  Therefore, there is no basis to change item 
23a (Specialty Number & Title).

3.  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

CMF____  JEA_____  LE______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999021523	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000202	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730118	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.		

correction of his records to show that he o
The Board notes that upon completion of basic training he was immediately assigned to Fort Benning Georgia on 18 March 1971 for OJT in MOS 95B10 (military policeman) and assigned to the 139th Military Police Company upon completion of training.  The Board also notes that he was assigned to the 139th Military Police Company from 12 April 1971 to 15 September 1971.  The Board further notes that he was later assigned to Fort Polk, Louisiana for OJT in MOS 94B20 and was awarded the PMOS of 94B20 on 9 November 1971.

3.  The applicant, due to no fault of his own, was initially trained as a 95B10/military policeman and later trained as a 94B20/cook.  Therefore, in the interest of equity and justice the applicant’s PMOS should be 95B10/military police instead of 94B20/cook.  Therefore, item 23a (Specialty Number & Title) of his DD Form 214 should show the “95B10 – 12 APR 71 Mil Pol (Military Policeman)” instead of the entry “ 94B20 – 19 NOV 71 Cook - None”.  As an exception to policy the entry “ 94B20 – 19 NOV 71 Cook – NONE” will be shown in item 30 (Remarks).