MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            4 April 2002                 
	DOCKET NUMBER:   AR2001066052

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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:  Correction to his Vietnam service time.

APPLICANT STATES:  That his separation document (DD Form 214), item 22c incorrectly reads Vietnam service 03-13-68 through 03-10-69.  He believes his overseas service should read 03-13-68 through 09-13-69, and show he served an additional 6 months.  He also states that he left Vietnam on 13 September 1969 and was discharged from active duty on 20 July 1970.  He submits a copy of his DD Form 214 in support of his request.

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

He was inducted into the Army of the United States on 17 July 1967 and then reenlisted in the Regular Army for 3 years as private, pay grade E-1, on 21 July 1967.

He completed basic and advanced training in military occupational specialty (MOS), 31M, Radio Relay and Carrier Operator, and was assigned to Company C, 5th Battalion, Fort Gordon, Georgia. 

On 13 March 1968, he arrived in Vietnam and was assigned to Company B, 125th Signal Battalion, the Republic of Vietnam, as a Radio Relay Team Chief.

On 10 March 1969, he departed Vietnam enroute to the Continental United States.  

On 18 April 1969, he was assigned to Company D, 3rd Battalion at Fort Gordon, Georgia, as an Instructor until 20 July 1969.  

He remained at Fort Gordon until his honorable separation for the expiration of his term of service on 20 July 1970.  He was discharged as a sergeant, pay grade E-5.  He was credited with 11 months and 28 days of Foreign and/or Sea Service and 3 years of net service for this period.  He was transferred to the USAR Control Group (Reinforcement).

He was honorably discharged from the USAR on 1 July 1973, upon completion of his 6 years of obligated service.

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 view of the circumstances in this case, the applicant is not entitled to correction of his Vietnam service time on his DD Form 214 as he has requested. He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contention that his Vietnam service time should show he served an additional 6 months.  However, the applicant’s records show he departed Vietnam on 10 March 1969 and was assigned to Fort Gordon, Georgia on 18 April 1969 and served as an instructor in his MOS.  It is further noted that he remained at Fort Gordon until his separation for the expiration of his term of service on 20 July 1970.  The applicant has not shown that he was serving in Vietnam until 13 September 1969.

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

_rwa____  _kyf____  _aao____  DENY APPLICATION

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

INDEX

CASE ID	AR2001066052	
SUFFIX		
RECON		
DATE BOARDED	20020404	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.01	
2.		
3.		
4.		
5.		
6.