MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 July 2003                   
	DOCKET NUMBER:   AR2002080131

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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 Separation Program Number of "411" that is shown in Item 11c (Reason and Authority) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to a "non-derogatory code."  

APPLICANT STATES:  In a letter written to the Board, that there is nothing in his record to indicate what the SPN of "411" means; that he believes the SPN has some "secret" derogatory meaning; and that he has been denied numerous employment opportunities due to this discriminatory SPN.  He also states that he was awarded the Bronze Star Medal (BSM); that he graduated near the top of his class from language school; and that he was recognized as soldier of the month while assigned to Fort Holabird, Maryland.

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

That he enlisted in the Regular Army for 3 years on 10 February 1964 and he served as a Military Intelligence Specialist, in military occupational specialty (MOS) 97B.  On 19 September 1965, he was assigned to Vietnam.  On 9 December 1966, he returned to the United States and he was honorably separated under the provisions of chapter 5, Army Regulation 635-200, due to early separation from overseas, and transferred to the United States Army Reserve until his normal expiration of term of service date of 9 February 1970.  He had completed 2 years, and 10 months of creditable active service.  He was assigned a SPN of "411."  

The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal, the National Defense Service Medal and two Overseas Service Bars.  

The applicant's record contains General Orders Number 688, issued by Headquarters, United States Army Vietnam, dated 15 February 1967, that shows he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from November 1965-December 1966. This award is not shown on the applicant's DD Form 214, because it was authorized after he had been separated.

Army Regulation 635-5 (Personnel Separations-Separation Documents), change 7, dated 18 October 1966, in effect at the time, provided that prior to discharge or release from active duty, individuals would be assigned a SPN based on their service records and/or the reason for discharge.  An SPN of "411" applies to those individuals that received early separation upon return from overseas.  Currently soldiers are assigned Special Program Designator (SPD) codes based on their service records and/or the reason for discharge. 

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 applicant was honorably separated prior to the completion of his service obligation upon his return from Vietnam.  Therefore, he was assigned a SPN of "411," due to early separation from overseas.  This is the correct SPN for the applicant's time and situation and it carries no negative connotation.  

2.  Enclosed is a copy of change 7, Army Regulation 635-5 provided for the applicant's benefit.

3.  The applicant is entitled to have his BSM added to his DD Form 214.

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.

NOTE:  The Army Review Boards Agency Support Division - St. Louis is directed to issue a DD Form 215, Correction to DD Form 214, showing that the individual concerned is entitled to award of the BSM.  This is an administrative correction and does not require Board approval.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __wtm___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2002080131	
SUFFIX		
RECON		
DATE BOARDED	20030729	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19661219	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.000	
2.		
3.		
4.		
5.		
6.		

Pertinent Army Regulations, in effect at the time, provided that prior to discharge or release from active duty, individuals would be assigned a SPN, currently soldiers are assigned special program designator codes based on their service records and/or the reason for discharge.  An SPN of "411 apply to those individuals that received early separation upon their return from overseas.  

Generally, the individual would have had only a month or two remaining service obligation.  The individual would have been transferred to the USAR until the ETS date, as in the applicant's case.