PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 January 2002                  
	DOCKET NUMBER:   AR2001062501

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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 records be corrected to show service in Vietnam from November 1967 through September 1968, in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant states that he never worked in his MOS 13A (Field Artillery), but was always under the operational control of infantry or other units in the 11th Armored Cavalry Regiment (ACR) working in MOS 11B.  Further, he indicates the dates of his service in Vietnam as stated above.  He submits a DD Form 214 (Report of Separation from Active Duty), dated 28 January 1976, and an 8 page Annual Historical Summary of the 3d Squadron, 11th ACR for the period 1 January to 31 December 1968.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 14 September 1966.  He completed his required training and was awarded MOS 13A (Field Artillery Basic).

5.  During the period 28 November 1967 through 2 September 1968 (9 months and 7 days), he served in Vietnam, in the 11th ACR in MOS 13A.

6.  On 4 September 1968, he was honorably separated under Army Regulation 635-200, chapter 5, based on being an overseas returnee.  His separation document shows that he had 1 year, 11 months and 21 days of creditable service.

7.  He served in the Regular Army between 1973 and 1976 and received a general discharge, under honorable conditions.  This DD Form 214 incorrectly showed his Indochina service in item 19 as Jun 66 – Mar 67. 

CONCLUSIONS:

1.  There is no evidence of record that the applicant served in any other MOS than 13A; therefore, there is no justification to consider changing his MOS for that period of time.

2.  There is evidence showing the applicant served in Vietnam for the period claimed, 28 November 1967 through 2 September 1968, and his records should be corrected accordingly.

3.  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

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

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned served in Vietnam for the period 28 November 1967 through 2 September 1968 on his DD Form 214 dated        28 January 1976.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_rtd___  _gdp___  __wtm___      GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062501	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.050	
2.		
3.		
4.		
5.		
6.