MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 September 2000                 
	DOCKET NUMBER:   AR2000039955

	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:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Thomas B. Redfern, III 		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 (Report of Transfer of Discharge) to show two duty assignments in Vietnam and military occupational specialty (MOS) 11B (infantry).  

The applicant’s request for the issuance of awards and decorations will be addressed in separate correspondence to the applicant.  

APPLICANT STATES:  In effect, that his DD Form 214 does not show that he was assigned to the 244th Assault Helicopter Company or the 7th Squadron of the 1st Air Cavalry while serving in Vietnam.  He also contends that his MOS changed to 11B (infantry) when he got to Cho-Tho and then back to 76Y (supply man) when he got back to the United States.

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

The applicant enlisted on 9 February 1968 for a period of 3 years.  He served as a supplyman in Vietnam and was honorably released on 31 January 1971.

Item 12 (Last Duty Assignment and Major Command) on the applicant’s DD Form 214 shows the entry “HHT 7/1 AIR CAV.” [Headquarters & Headquarters Troop, 7th Squadron, 1st Air Cavalry]. 

Item 23a (Specialty Number & Title) on his DD Form 214 shows the entry “76Y20 SUP. MAN.” [supplyman].

The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 244th Aviation Company from 12 May 1970 to 28 June 1970 in MOS 76Y (supplyman).  The DA Form 20 also shows his last assignment in Vietnam was with Headquarters & Headquarters Troop, 7th Squadron, 1st Air Cavalry from 29 June 1970 to 29 January 1971 in MOS 76Y (supply man).

There is no evidence in the applicant’s military records which shows he was awarded or held MOS 11B (infantry).

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  This regulation does not provide for units of assignment to be listed on the DD Form 214.  The regulation does provide, in pertinent part, that the primary MOS and all additional MOS served in for a period of one year or more, during soldier’s continuous active military service will be entered in item 23a (Specialty Number & Title).   

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.  The applicant’s request that his two duty assignments in Vietnam be shown on his discharge document was noted by the Board.  However, evidence of record shows that the duty assignments are properly shown on the applicant’s DA Form 20.  

2.  Evidence of record also shows that the applicant’s last duty assignment (Headquarters & Headquarters Troop, 7th Squadron, 1st Air Cavalry) in Vietnam is properly reflected in item 12 (Last Duty Assignment and Major Command) on his DD Form 214.  

3.  There are no provisions for entering duty assignments on the DD Form 214.  Therefore, the applicant is not entitled to the addition of his first duty assignment in Vietnam on his DD Form 214 as requested. 

4.  The Board noted the applicant’s contention that his MOS was changed to 11B (infantry) while serving in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded or held MOS 11B (infantry).  Therefore, he is not entitled to correction of his DD Form 214 to show MOS 11B.  

5.  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.

6.  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

CLA____  WTM_____  TBR____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039955	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE	(HD	
DATE OF DISCHARGE	19710131	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation of overseas returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0500	
2.	100.0000	
3.		
4.		
5.		
6.