MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 February 2002                  
	DOCKET NUMBER:   AR2001064265

	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	
	MR. Joseph A. Adriance		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 the no entry in item 19 (Indochina or Korea Service since August 5, 1964) of his separation document (DD Form 214), dated 11 December 1974, be changed to yes.  

APPLICANT STATES:  In effect, that he served from 1970 to 1972 during Vietnam and that item 19 of his separation document, dated 11 December 1974, should be corrected to reflect this service.  

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

The applicant continuously served on active duty for 12 years, 9 months, and 
5 days, between 7 July 1972 and 11 April 1985, at which time he was released from active duty (REFRAD) and placed on the Temporary Disability Retired List (TDRL) under the provisions of paragraph 4-24e, Army Regulation 635-40, by reason of physical disability.  

The applicant’s first enlistment covered a period of 2 years, 5 months, and 
5 days, between 7 July 1972 and 11 December 1974.  The DD Form 214 issued to him for this period of service, which he authenticated with his signature, confirms that he held the rank of specialist/E-4, and served in military occupational specialty (MOS) 94B (Food Service Specialist).  

The applicant’s separation document, dated 11 December 1974, also shows that he completed 1 year, 10 months, and 13 days of foreign service, and that during this period of service the only award he received was the National Defense Service Medal.  It also contains a “No” entry in Item 19 (Indochina or Korea Service since August 5, 1964), which indicates that none of the foreign service he completed during this period was performed in those areas. 

The applicant’s Personnel Qualification Record (DA Form 2-1), which he last reviewed on 10 August 1984, confirms in item 5 (Overseas Service) that he completed an overseas tour in Germany, from 29 January 1973 through 24 April 1978; and a tour in Puerto Rico, from 24 October 1982 to 2 July 1984.  There is no entry in item 5 that indicates he ever served in Indochina or Korea, and specifically there is no indication that he ever served in Vietnam.  Further, there are no letters, orders, or other documents on file in his Military Personnel Records Jacket (MPRJ) that show he ever served in any of these areas during his tenure on active duty. 

The regulation, in effect at the time, called for a “Yes” entry in item 19 of the 
DD Form 214 if a member actually served in Indochina or Korea during the period covered by the separation document.  Simply being on active duty and serving in the military during the Vietnam conflict did not warrant a “Yes” entry in this item of the separation document.  
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 Board notes the applicant’s contention that he served during Vietnam and that the “No” entry in item 19 (Indochina or Korea Service since August 5, 1964) of his 11 December 1974 separation document should be changed to a “Yes” entry; however, it finds this claim lacks merit.  

2.  The evidence of record confirms that the applicant served 1 year, 10 months, and 13 days of foreign service in Germany during the period of service covered by the separation document in question.  Further, there is no evidence of record to show he ever served in Indochina or Korea during this enlistment.  Therefore, lacking independent evidence to the contrary, the Board finds no error or injustice associated with the “No” entry in item 19 of the DD Form 214 in question, and it concludes that relief is not warranted in this case. 

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, 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

__GDP__  __TAP__  __MHM__  DENY APPLICATION

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

INDEX

CASE ID	AR2001064265	
SUFFIX		
RECON		
DATE BOARDED	2002/02/26	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1985/04/11	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	TDRL	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  303	129.0100	
2.		
3.		
4.		
5.		
6.