MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 October 2000                  
	DOCKET NUMBER:   AR2000037091

	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	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol Jo Suiter		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 served in temporary assignments as a first sergeant from July-November 1970 and from May-December 1973.   

APPLICANT STATES:  In essence, that he performed duties as a first sergeant with C Battery, 2nd Battalion, 77th Field Artillery, vice an entry in his records as chief, firing battery from July through November 1970, while in the Republic of Vietnam (RVN).  He also served in a similar position with the Howitzer Battery, 1/11th Armored Cavalry Regiment from May through December 1973.  He was relieved from the latter assignment because of a hearing loss.  He claims that he was told in 1975 at the time of his retirement that he could request correction of his records from this Board.  He submits copies of a DD Form 214 (Report of Separation from Active Duty) issued at the time of his retirement on 31 January 1975; a copy of General Orders Number 9203, Headquarters, 25th Infantry Division, dated 25 August 1970, awarding him the Bronze Star Medal with
"V" Device for heroic action on 1 August 1970;  a copy of an order reassigning him from C Battery, 2nd Battalion, 77th Artillery, on 27 November 1970 to another unit in the RVN;  copies of two documents from his medical records showing his hearing loss between 1973 and 1975;  and various documents verifying his retirement status as a member of the Army Reserve.  

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

He was inducted into the Army on 20 January 1955, and he served continuously thereafter until he was honorably retired on 31 January 1975, in pay grade E-7.  He was credited with 20 years and 11 days service for retirement pay.  His entire career was served as a field artilleryman, military occupational specialty 13B.  He was promoted to the rank of sergeant first class, pay grade E-7 on 10 February 1969.

He served in the RVN on his second tour in that area from 9 June 1970 through 
8 June 1971.  His DA Form 20 (Enlisted Qualification Record) shows that he served in B Battery, 2nd Battalion, 77th Field Artillery from 19 June through 3 July 1970, then he was transferred to C Battery, 2nd Battalion, 77th Field Artillery where he served until 27 November 1970.  In both assignments, his DA Form 20 shows his duty assignment as chief, firing battery.  On 27 November 1970, he was reassigned to another division in the RVN and continued to serve as chief, firing battery in another artillery battalion until his tour of duty ended.

There are no entries in his personnel records, on his DA Form 20, in his enlisted evaluation reports completed while in the RVN or in his recommendation for award which show that he was ever assigned to duties as a first sergeant.  

The applicant also served with the Howitzer Battery, 1/11th Armored Cavalry Regiment in Germany from 1 September 1971 through 19 November 1973.  He was then reassigned to other duties in the 1/11th Armored Cavalry Regiment.
Again, the applicant's records show he was assigned to duties as the chief, firing battery and there is no evidence of record, on his DA Form 20 or on his enlisted evaluation reports to show that he ever performed duties as a first sergeant as he claims.  

Army regulations then in effect, primarily in the Army Regulation 640 series, provided no basis for the recording of assignments to temporary duties, except as a student on the DA Form 20.  Often, special assignments such as those cited by the applicant were memorialized in enlisted evaluation reports rendered at the time and unit orders may have been published.  Even the latter would have been a temporary record and would not have been retained in the official military personnel file on a permanent basis.   

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.  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, in this case, has failed to submit evidence that would satisfy that requirement.

2.  The applicant claims that he served as a first sergeant for two units, once in the RVN and once in Germany.  However, he has provided no documentary evidence to support assignment to these duties.  The documents with his application essentially affirm his assignments to the units in question and verifies his retired status at this time.  Further, his military records fail to validate such assignments, even on a temporary basis, rather they show him performing duties as chief, firing battery.    

3.  The Board notes that the applicant may well have been assigned to duties as a first sergeant on a temporary basis in 1970 and in 1973.  However, these assignments would not have been entered on his personnel qualification record or shown on any separation documents.  If any record was maintained,it would have been by unit orders or comments made on his enlisted evaluation reports.

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

_jdm____  __jed___  __cjs_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037091	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.