PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            6 February 2001
	DOCKET NUMBER:   AR2000045378

	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. Carl W. S. Chun		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		Member	

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

	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 military records be corrected to show his honorable character of service in Item 13a of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

3.  The applicant states that he did not realize there was an error until he applied for veterans benefits.

4.  The applicant’s military records show that he was inducted into the Army on    2 December 1965 for 2 years.  He completed his initial training and was assigned for duty as a 61C20 (Marine Engine Operations and Maintenance).

5.  The applicant was assigned to the Republic of Vietnam (RVN) for duty with the 529th Transportation Detachment from 2 October 1966 to 20 March 1967, and with the 5th Transportation Company from then until his return to the United States in September 1967.  He attained the rank of specialist four on 10 February 1967.

6.  On 25 May 1967 the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for violation of the leave and pass policy and for disorderly conduct.  The punishment included a reduction to private first class (E-3), suspended for 3 months, a forfeiture of $20.00, an oral reprimand, and 14 days extra duty and restriction.  The suspended reduction to E-3 was vacated on 6 July 1967 for an unknown misconduct.

7.  On 7 July 1967 the applicant again received NJP for operating a motorbike without protective headgear.  The punishment included an oral reprimand and   14 days extra duty and restriction.

8.  The applicant was released from active duty on 8 September 1967 and transferred to the United States Army Reserve.  He completed 1 year, 9 months and 7 days of creditable active service and had no lost time.

9.  The applicant’s DD Form 214 shows no character of service in item 13a, but does show his reenty code as RE-1, fully eligible for reenlistment.  Also, in item 23a his specialty number and title is shown as 11B20, Light Weapons Infantryman.  Item 24 list his awards as the National Defense Service Medal, Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

10.  Army Regulation 635-5 prescribes the separation documents that are furnished individuals who are retired, discharged, or released from active military service.  It provides, in pertinent part, that Item 13a will contain the individual’s character of service at time of separation, item 23a will contain the individual’s specialty number and title, and that item 24 will contain the awards earned by the separating individual.

11.  Department of the Army General Orders 17 dated 1969, announced award of the Meritorious Unit Citation (MUC) to the 529th Transportation Detachment for the period from 1 July 1966 through 31 December 1967.

12.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation Badge for service in the RVN to Headquarters, United States Army Vietnam (USARV) and its subordinate units during the period from 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  The applicant’s misconduct resulting in two NJPs was not so severe as to reduce the overall quality of his service to warrant a characterization of service less than honorable. Therefore, item 13a of his DD Form 214 should be corrected to show his service as honorable. 

2.  The applicant was trained to operate and maintain marine engines (61C20).  There is no evidence that he was trained as a light weapons infantryman (11B20).  Therefore, item 23a of his DD form 214 should be corrected to show his specialty number and title as 61C20, Marine Operations and Maintenance.

3.  The applicant was assigned to the 529th Transportation Detachment during the period that it was awarded the MUC.  Therefore, item 24 of his DD Form    214 should be corrected to show this award.

4.  The applicant was assigned to a unit subordinate to Headquarters, USARV during the period it was awarded the RVN Gallantry Cross with Palm Unit Citation Badge.  Therefore, item 24 of his DD Form 214 should be corrected to show this award.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case, in particularly the DD Form 214 of the individual concerned, be corrected by showing in item 13a that his character of service was honorable; in item 23a that his specialty and title was 61C20, Marine Operations and Maintenance; and in item 24 that he received the Meritorious Unit Citation and the RVN Gallantry Cross with Palm Unit Citation Badge.

BOARD VOTE:  

__RVO__  __WTM__  __TL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor, Jr.   
		        CHAIRPERSON

INDEX

CASE ID	AR2000045378	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	107.00	
3.		
4.		
5.		
6.