MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 June 2003
	DOCKET NUMBER:   AR2003083625

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Karen A. Heinz		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:  That his Report of Transfer or Discharge (DD Form 214) be corrected to show his military occupational specialty (MOS) as assistant gunner.

APPLICANT STATES:  That when he arrived in Vietnam he was assigned as a wireman (36K20); however, it quickly changed to assistant gunner for 105 howitzers with the 4th/42nd Artillery.  He states that prior to his commanding officer being killed in action, he told him that he had changed his MOS and apparently the papers never made it to the correct hands.  He states that he has been trying for 2 years to get his DD Form 214 changed, as his MOS had a definite effect on his pay grade at the time of his discharge.  In support of his application he submits a letter from an individual dated 22 July 2001, who contends that he served with him and that he saw active combat.  He also submits pictures of himself while he was in the Army.

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

On 14 October 1966, he enlisted in the Army in Chicago, Illinois for 3 years in the pay grade of E-1.  He successfully completed his training as a field wireman.  

On 18 July 1967, he was transferred to Vietnam.  He remained in Vietnam for 11 months and 29 days and he returned to the Continental United States on 27 August 1968.

He was honorably discharged on 13 October 1969.  He had completed 3 years of total active service.

A review of the available records fails to show that the applicant ever performed duties of an assistant gunner while he was in the Army.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that only those MOSs in which an individual served for 1 year or more, will be included on a DD Form 214.

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 the aforementioned requirement.

2.  The Board has noted the applicant’s contentions and the letter that he submitted in support of his appeal.  However, there is no evidence of record to show that he performed the duties of an assistant gunner for 1 year or more as required by applicable law and regulation.

3.  He records clearly shows that he performed the duties and was assigned in a field wireman MOS.  Therefore, his DD Form 214 is correct as currently reflected.

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

__tbr____  __kh____  ___ao___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083625	
SUFFIX		
RECON		
DATE BOARDED	2003/06/05	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.