MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:                       

	BOARD DATE:           26 February 2002                            
	DOCKET NUMBER:   AR2001061162

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond J. Wagner		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the entire amount of time that he served in the Republic of Vietnam (RVN).

APPLICANT STATES:  That he served in the Republic of Vietnam (RVN) with the 1st Infantry Division from an unknown date in January 1965 to 8 December 1965. Item 24c (Foreign Service) only reflects that he served in the RVN for a total of 2 months and 14 days.  He submits a VA Form 21-22 (Appointment of Veterans Service Organization As Claimant's Representative) to identify counsel as the American Legion.

COUNSEL STATES:  That the Board's attention is invited to the injustice the applicant raised in his appeal and opines that this submission, in conjunction with the official Army Records, amply advance the applicant’s contentions and substantially reflect the probative facts needed for equitable review.  Accordingly, the American Legion rests on the evidence of record.  The purpose of the American Legion’s expressed purpose in providing this statement, and any other submittals or opinions of record, is to aid the applicant in the proper resolution of any error or injustice raised.  Moreover, the American Legion rests assured that the Board's final decision will reflect sound equitable principles consistent with the law, regulation and policy.

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

He was inducted into the Army of the United States for a period of 2 years on 9 December 1963.  He completed basic and advance individual training and was awarded military occupational specialty (MOS) 05B, Radio Operator.  On or about 13 May 1964, he was assigned to Fort Lewis, Washington.

A DA Form 2496-1 (Disposition Form) shows that the applicant was assigned to Company A, 4th Medical Battalion, Fort Lewis on 30 April 1965 when he was granted a confidential clearance.

Special Orders Number 170, Headquarters, 4th Infantry Division, Fort Lewis, Washington, dated 2 July 1965, shows that he was still at Fort Lewis when he was awarded the Expert Marksmanship Badge with Rifle Bar.

The applicant's DA Form 20 (Enlisted Qualification Record) also shows that:  on 23 August 1965, he was reassigned from Fort Lewis to Fort Riley, Kansas; on 7 September 1965, he was assigned to Company A, 121st Signal Battalion, 1st Infantry Division, Fort Riley; and that he deployed the RVN with this unit, arriving in Vietnam on or about 21 September 1965.

The applicant’s record shows that he served in the RVN until on or about 28 November 1965 when he departed enroute to the United States and the United States Army Personnel Center, Oakland, California, where he was honorably discharged on 7 December 1965.  He had completed 1 year, 11 months and 29 days of active military service of which 2 months and 14 days were credited as foreign service.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 24c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

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 available evidence indicates that the applicant was assigned to Fort Lewis from January through August 1965, the same period that he contends he was serving in the RVN.  The evidence also shows that he was reassigned from Fort Lewis to a unit at Fort Riley in September 1965 and that he deployed to the RVN with his new unit, arriving in Vietnam on or about 21 September 1965. 

3.  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

__JHL___  _RJW___  __RTD __  DENY APPLICATION

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

INDEX

CASE ID	AR2001061162	
SUFFIX		
RECON	 	
DATE BOARDED	20020226	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	7 December 1965	
DISCHARGE AUTHORITY	AR635-205 	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.0400	
2.		
3.		
4.		
5.		
6.