MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           2 August 2001      
	DOCKET NUMBER:   AR2000050684

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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, that his DD Form 214, Report of Separation From Active Duty, Block 27, Remarks, be corrected to show that the country of last oversea service was Germany and Vietnam.

APPLICANT STATES:  In effect, that after completing jump school he went to Vietnam and that this should be reflected on his DD Form 214.

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

He enlisted in the Regular Army (RA) on 8 January 1971 for a period of 3 years.  Following completion of basic combat training at Fort Polk, Louisiana and advanced individual training at Fort Sill, Oklahoma, he was awarded military occupational specialty (MOS) 13B, Assistant Gunner and was assigned to Germany as his first permanent duty station.  He served in Germany from 19 July 1971 to on or about 17 December 1973.

On 18 December 1973, the applicant was honorably released from active duty for the convenience of the government as an oversea returnee under the provisions of paragraph 5-14, Army Regulation 635-200 and transferred to the United States Army Reserve (USAR) Control Group (REINF).  He was credited with 2 years, 11 months, and 11 days of active military service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-14 of that regulation, in effect at the time, provided, in pertinent part, that enlisted members of the RA and the Reserve components who, upon arrival in the United States from an oversea assignment, had less than 3 months remaining before expiration of term of enlistment or period for which ordered to active duty would be discharged, released from active duty and returned to former Army National Guard or USAR status, or released from active duty and transferred to the Army Reserve, as appropriate.  Authority (AR 635-200) and separation number (SPN 411) would be included in directives or orders directing individuals to report to the appropriate transfer activity for discharge or release from active duty, as appropriate.

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 has failed to submit evidence that would satisfy this requirement.

2.  The evidence of record does not support the applicant’s contentions that he served in Vietnam or that he attended jump school and the applicant has provided no corroborating evidence in support of them.  

3.  The evidence of record shows Germany as the applicant’s one and only oversea assignment.  Therefore, the applicant’s DD Form 214, Block 27 correctly reflects Germany as the country of last oversea assignment. 

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

__RJW__  ___BJE__  ___JPI___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050684	
SUFFIX		
RECON		
DATE BOARDED	20010802	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19731218	
DISCHARGE AUTHORITY	AR 635-200, paragraph 5-14 	
DISCHARGE REASON	For convenience of government –overseas returnee	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.