MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:       

		BOARD DATE:            16 September 2003                   
		DOCKET NUMBER:    AR2003088176

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		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:  In effect, that his separation document (DD Form 214) be corrected to reflect his proper military occupational specialty (MOS) and to show he earned a Distinguished Service Award.  

APPLICANT STATES:  In effect, that when he entered the Army he signed up for mechanized infantry and he requests this be reflected in his record.  He also requests that the Distinguished Service Award he received be added to his 
DD Form 214.  In support of his application, he provides a copy of his DD Form 214 and a copy of a letter of commendation.  

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

On 6 September 1977, he enlisted in the Regular Army for 4 years.  Statements for Enlistment (DA Forms 3266-13 and 3266-13) included with the applicant’s enlistment contract confirm that he enlisted for the United States Army Combat Arms Unit/Area of Choice option, for training in MOS 11B (Infantryman), and for assignment to the Fort Lewis, Washington. 

The applicant’s record confirms that he successfully completed MOS training at Fort Benning, Georgia, and was awarded MOS 11B10 (Infantryman) on 
20 December 1977.  Upon completion of training, he was assigned to Fort Lewis, Washington under the terms of his enlistment contract.  

Item 9 (Awards, Decorations, & Campaigns) of the applicant’s Personnel Qualification Record (PQR-DA Form 2-1) is blank and lists no awards earned by the applicant during his tenure on active duty.  

The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or documents that indicate that he was ever recommended for or awarded an authorized individual award for meritorious service or achievement while he was serving on active duty.  

On 10 July 1979, the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of trial by 
court martial, and he received an undesirable discharge.  His DD Form 214 shows that he completed a total of 1 year, 11 months, and 3 days of creditable active military service and that he had accrued 349 days of time lost due to being absent without leave (AWOL).  Item 16a (Primary Specialty Number and Title) 
shows that he held the MOS 11B (Infantryman), which he was awarded on 
20 December 1977.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists only the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as an authorized award.  

The applicant provides a copy of a letter of commendation he received for being designated as a Distinguished Soldier by the commanding general of the 
9th Infantry Division, Fort Lewis, based on his performance of duty as a driver for the brigade S-3.  This letter is on file in his Official Military Personnel File (OMPF).  

Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In the item by item instructions for preparation of the DD Form 214 contained in this regulation it states, in effect, to enter all awards authorized by and in the sequence listed in the awards regulation that were earned by the member while on active duty, as verified by the PQR.  

Paragraph 10-15 of the awards regulation (Army Regulation 600-8-22) provides guidance for filing of Letters of Commendation.  It states, in pertinent part, that such letters may be issued to military personnel, and copies of each letter of commendation or appreciation will be distributed to the individual’s MPRJ and OMPF.  These letters are not included in the sequenced listing of awards contained in the awards regulation and no provisions are provided for adding these letters to the PQR or 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.  The Board notes the applicant contention that his separation document should be corrected to reflect his proper MOS and to add a Distinguished Service Award he earned while on active duty.  However, it finds an insufficient evidentiary basis to support this request.  

2.  The evidence of record confirms that the applicant enlisted for and was trained in MOS 11B (Infantryman), which is the MOS that is properly listed in Item 16a of his DD Form 214.  Further, while a letter of commendation he received from the commanding general of the 9th Infantry Division recognizing him as a distinguished soldier is properly on file in his OMPF, this is not an award authorized to be entered in Item 26 of his DD Form 214.  

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

__FE__  ___KH__  ___MM_          DENY APPLICATION

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

INDEX

CASE ID	AR2003088176	
SUFFIX		
RECON		
DATE BOARDED	2003/09/DD	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1977/09/06	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	In lieu of court-martial 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.