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ARMY | BCMR | CY2001 | 2001062850C070421
Original file (2001062850C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 December 2001
         DOCKET NUMBER: AR2001062850


         I certify that hereinafter is recorded the true and complete record of the proceedings 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:

Ms. Karol A. Kennedy Chairperson
Mr. Ronald E. Blakely Member
Mr. Thomas E. O’Shaughnessy Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 2 March 1972 to show military occupational specialty (MOS) 63B (automotive maintenance) instead of 94B (cook). He also requests that his date of entry on his DD Form 214 with an effective date of 28 November 1968 be corrected to show 22 March 1968 instead of 29 November 1968.

3. The applicant states that he was driving trucks in Vietnam, not cooking. In support of his application, he submits a letter of explanation; a copy of his DD Form 214 with an effective date of 2 March 1972; and copies of two Government Motor Vehicle Operator’s Identification Cards.

4. The applicant’s military records show that he enlisted on 22 March 1968 for a period of 3 years for MOS 63B (automotive maintenance). He successfully completed basic and advanced individual training in MOS 76A (supply clerk). The applicant was honorably discharged on 28 November 1968 for immediate reenlistment for an overseas assignment in Germany. On 29 November 1968, the applicant reenlisted for a period of 4 years. His records show that he served as a supply clerk in Germany and served as a cook and supply parts specialist in Vietnam. On 2 March 1972, the applicant was honorably released and transferred to the U.S. Army Reserve (Control Group).

5. Item 23a (Specialty Number & Title) on the applicant’s DD Form 214 with an effective date of 2 March 1972 shows the entry “94B20 9JUN71 COOK”.

6. Nahbollenbach Army Depot Special Orders Number 219, dated 9 November 1970, show the applicant was awarded primary MOS 94A10 (cook) and secondary MOS 76P20 (stock control and accounting specialist) effective
9 November 1970.

7. 101st Airborne Division (Airmobile) Special Orders Number 184, dated 3 July 1971, show the applicant was awarded primary MOS 94B20 effective 9 June 1971. Primary MOS 94A10 was withdrawn.

8. There is no evidence in the available records which shows the applicant was awarded or held MOS 63B (automotive maintenance).

9. The applicant provided copies of two Government Motor Vehicle Operator’s Identification Cards, issued on 8 June 1971 and on 13 October 1971, which show he was qualified to operate a truck.





10. Item 17c (Date of Entry) on the applicant’s DD Form 214 with an effective date of 28 November 1968 shows the entry “29 Nov [November] 68 [1968]”. However, the applicant’s DD Form 4 (Enlistment Contract), dated 22 March 1968, shows he enlisted on 22 March 1968 for a period of 3 years. The applicant’s period of service from 22 March 1968 through 28 November 1968 totals 8 months and 7 days.

11. Items 22a(1) (Statement of Service/Creditable for Basic Pay Purposes/Net Service This Period), 22a(3) (Total) and 22b (Total Active Service) on the applicant’s DD Form 214 with an effective date of 28 November 1968 shows he served 8 months and 6 days.

12. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that the primary military occupational specialty code number and title be entered in item 23a (Primary Specialty and Title) on the DD Form 214.

CONCLUSIONS:

1. The applicant’s primary MOS at the time of his separation on 2 March 1972 was 94B20. His discharge document with an effective date of 2 March 1972 properly reflects this MOS. Therefore, there is no basis for correction of item
23a (Specialty Number & Title) on the applicant’s DD Form 214 with an effective date of 2 March 1972.

2. The applicant’s enlistment contract shows that he enlisted on 22 March 1968. His date of entry is incorrectly shown on his DD Form 214 with an effective date of 28 November 1968. Therefore, it would be appropriate at this time to correct item 17c (Date of Entry) on the applicant’s DD Form 214 with an effective date of
28 November 1968.

3. The Board noted that items 22a(1) (Statement of Service/Creditable for Basic Pay Purposes/Net Service This Period), 22a(3) (Total) and 22b (Total Active Service) on the applicant’s DD Form 214 with an effective date of 28 November 1968 incorrectly shows he served 8 months and 6 days. Therefore, it would be appropriate at this time to correct these items on the applicant’s DD Form 214 with an effective date of 28 November 1968 to show that he served 8 months and 7 days.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.



RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry “29 Nov 68” in item 17c (Date of Entry) on the DD Form 214 with an effective date of 28 November 1968 of the individual concerned;

         b. by adding the entry “22 Mar 68” in item 17c on his DD Form 214;

         c. by deleting the entries “0 8 6” in items 22a(1) (Statement of Service/Creditable for Basic Pay Purposes/Net Service This Period), 22a(3) (Total) and 22b (Total Active Service) on the applicant’s DD Form 214 with an effective date of 28 November 1968; and

         d. by adding the entry “0 8 7” in items 22a(1), 22a(3) and 22b on the DD Form 214.
        
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

KAK__ REB_____ TEO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Karol A. Kennedy____
                  CHAIRPERSON




INDEX

CASE ID AR2001062850
SUFFIX
RECON
DATE BOARDED 20011211
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.0500
2. 100.0200
3.
4.
5.
6.


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