APPLICANT REQUESTS:  That his records be corrected to show that (1) his birth date is 6 March 1964; (2) the time served in the Republic of Vietnam (RVN) is incorrect; (3) the time spent in Absent Without Leave (AWOL) and in the Hands of Civil Authorities (HCA) was after his tour in the RVN; and, (4) his Advanced Individual Training (AIT) is not shown on his Report of Separation.

APPLICANT STATES:  That the unit in which he served in the RVN was there from 16 October 1966 until 15 August 1969 and furnished a letter from the Joint Services Environmental Support Group concerning his unit’s activities in the RVN.

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

ON 21 August 1967, the applicant enlisted in the Regular Army.  He completed his required training and was awarded MOS 62E (Heavy Equipment Operator).  The exact dates of his training are not a matter of record, however, completion is shown as ATP (Army Training Program) 21 114.

On 4 June 1968, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for violating general regulations by operating an unlicensed vehicle without an operators permit.  His punishment included a reduction to pay grade E-1 (suspended) and a forfeiture.

On 13 October 1969, he accepted NJP for being AWOL for the period 10-12 October 1969 and for exceeding the posted speed limit and making an illegal turn.  His punishment included a reduction to pay grade E-2 and extra duty.

On 1 December 1969, he was convicted by a Summary Court-Martial (SCM) of being AWOL for the period 7-23 November 1969.  His sentence was a forfeiture.

On 11 August 1970, he was convicted by a SCM of his failure to go to his place of duty on 19 and 20 July 1970.  His sentence included hard labor without confinement for       30 days, restriction and a forfeiture.

During the period 3-14 September 1970, he was in the HCA.  The reasons for this confinement are not a matter of the available records.
On 17 October 1970, he was honorably separated, under AR 635-200, based on the expiration of his term of service.  His Report of Separation indicates that he had 3 years and  1 month of creditable service and 28 days of lost time. 

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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The evidence of record shows that the applicant furnished the birth date of 19 January 1950 upon entry into active duty.  It is highly unlikely that the applicant would have been accepted into the Army at the age of 3 years,     5 months and 15 days.

4.  The period shown on the applicant’s Report of Separation is a combination of his time spent in the Federal Republic of Germany and the RVN.

5.  The evidence of record shows that he was AWOL and in the HCA prior to his assignment to the RVN.

6.  ATP 21 114 is the Advanced Individual Training for a Heavy Equipment Operator.

7.  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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director