MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  12 April 2001
	DOCKET NUMBER:  AR2000050967

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 item 23 (Specialty Number & Title) be corrected to show that he was awarded military occupational specialty (MOS) 11E20 and that the entry pertaining to lost time be removed from item 30 (Remarks) of his DD Form 214 (Report of Transfer or Discharge).  

APPLICANT STATES:  In effect, that item 23 does not show his MOS of 11E20 and that item 30 is incorrect.  He also states that he was awarded MOS 11E20 at Fort Knox, Kentucky and that he was never AWOL from his unit during service in Vietnam.

EVIDENCE OF RECORD:  The applicant's military records show he was inducted on 18 July 1966 as an armor crewman (11E).  He served in Vietnam from 25 June 1967 through 28 June 1968 and was honorably discharged on 29 June 1968.

Item 23a (Specialty Number and Title) of the applicant’s DD Form 214 shows the entry “11D20 ARMOR INTEL SPEC”.

The applicant’s records contain a copy of Headquarters, 3rd Squadron,
11th Armored Cavalry Regiment Special Orders Number 251, dated 19 October 1967, which awarded 11E20 as the applicant’s primary military occupational specialty (PMOS).

The applicant’s records also contain a copy of Headquarters, 3rd Squadron,
11th Armored Cavalry Regiment Special Orders Number 16, dated 18 January 1968, which awarded 11D20 as the applicant’s PMOS and withdrew his PMOS of 11E20.

Also in the available records is Unit Orders Number 19, dated 12 June 1968, which reduced the applicant one pay grade to E-3.  The authority cited is Article 15, UCMJ.  There is no copy of the Article 15 punishment in the available records.

Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry  “16Feb68 to 9Mar68 23 AWOL”; and the entry “11April68 to 20May68 39 AWOL”.  Item 30 (Remarks) of the applicant’s DD Form 214 lists the same inclusive periods of time lost. 

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  It provides, in pertinent part, that the soldier’s primary specialty number and title will be entered in item 23a of the DD Form 214.

The regulation also directs that the dates of time lost during the current enlistment will be entered on the DD Form 214.  For enlisted personnel, the inclusive periods of time lost to be made good under Title 10, U.S.C., section 972, and periods of non-inclusive time after ETS will be entered.  Lost time under Title 10, U.S.C., section 972 is not creditable service for pay, retirement, or veteran’s benefits; however the Army preserves a record of it (even after it has been made up) to explain which service between date of entry on active duty and separation date is creditable service.  

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 evidence of record shows that the applicant was inducted as an armor crewman (11E), was awarded the PMOS of 11E20 effective 19 October 1967, was awarded the PMOS of 11D20 effective 18 January 1969, and had his PMOS of 11E20 withdrawn on the same date.  As a result, the applicant’s PMOS at the time of separation was 11D20.  Therefore, his records are correct as currently constituted and he is not entitled to correction of item 23 (Specialty Number and Title) of his DD Form 214 to show 11E20 as his PMOS.

2.  The Board notes the applicant’s contention that he was not AWOL from his unit during his service in Vietnam and that the entry in item 30 of his DD Form 214 should be removed.  However, the evidence of record shows that the applicant was AWOL from 16 February 1968 to 9 March 1968 and from 11 April 1968 to 20 May 1968.  Additionally his reduction in grade order under the authority of Article 15, UCMJ, 16 days after his second recorded AWOL period, provides additional weight to the AWOL entries in his record.

3.  In accordance with Army Regulation 635-5, the applicant’s inclusive dates of lost time due to AWOL are reflected in item 30 (Remarks) on his DD Form 214.  Therefore, the applicant’s DD Form 214 is correct as currently constituted. 

4.  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.

5.  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

__ra___  __dh___  ___rd____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050967	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19680629	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  260		
2.  1021		
3.		
4.		
5.		
6.