MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 August 2003     
	DOCKET NUMBER:   AR2003084891

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		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, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 14 January 1974 to show his military occupational specialty (MOS) as 11B4P (parachute qualified infantryman) instead of 76Y20 (armorer unit supply specialist).

APPLICANT STATES:  In effect, that he served in MOS 11B2P at Fort Bragg, North Carolina and then served in MOS 11B4P during his first tour in Vietnam.  He also contends that he served more than two months in Vietnam during his first tour.  In support of his application, he submits a copy of his DD Form 214; orders, dated 28 February 1971, for award of the Army Commendation Medal; and a copy of his DA Form 20 (Enlisted Qualification Record).  

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

The applicant enlisted on 13 February 1968 for a period of 3 years.  With the exception of the applicant's initial enlistment contract there are no documents in the available records which reflect information associated with his service prior to 1970.  His DA Form 20, which was prepared from temporary records, shows he served in Vietnam from 5 April 1969 through 12 June 1969 during his first tour.  Orders published at Fort Sill, Oklahoma indicate the applicant was reclassified from primary MOS 11B2P to primary MOS 76Y2P effective 21 May 1970.  He was discharged for the purpose of immediate reenlistment on 29 June 1970.  

The applicant reenlisted on 30 June 1970 for a period of 4 years.  He served as a supply specialist in Vietnam from 31 August 1970 through 3 September 1971.  Orders published at Fort Bragg, North Carolina show he was awarded primary MOS 76Y20 on 25 October 1972 and MOS 76Y2P was withdrawn.  On 
14 January 1974, he was honorably released from active duty under the provisions of Army Regulation 635-200, paragraph 5-33, due to early separation of personnel denied reenlistment under the Qualitative Management Program. 

The applicant's service personnel records do not contain a DD Form 214 covering his period of service from 13 February 1968 through 29 June 1970.  However, a Certification of Military Service was issued for this period of service.

The applicant's DD Form 214 for the period ending 14 January 1974 shows his MOS as 76Y20.

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation, in effect at the time, provides that the primary MOS will be entered in item 16a (Primary Specialty Number and Title) on the 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 this requirement.

2.  Evidence of record shows the applicant was reclassified from primary MOS 11B2P to primary MOS 76Y2P effective 21 May 1970.  Evidence of record also shows he was awarded primary MOS 76Y20 effective 25 October 1972 which is properly shown on his DD Form 214 for the period ending 14 January 1974.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he held MOS 11B4P on 14 January 1974, the date he separated.  The DD Form 214 is meant to reflect a soldier's status at the time of separation.  Therefore, there is no basis for amending his DD Form 214 for the period ending 14 January 1974 to show MOS 11B4P.   

3.  The Board noted the applicant's contention that he served more than two months in Vietnam during his first tour.  However, he has provided no evidence to support this contention.  His DA Form 20, which was prepared from temporary records, shows he served in Vietnam from 5 April 1969 through 12 June 1969.     

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

RVO____  JEA____  LMB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084891	
SUFFIX		
RECON		
DATE BOARDED	20030814	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0500	
2.		
3.		
4.		
5.		
6.