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Decision Text

ARMY | BCMR | CY2001 | 2001063987C070421
Original file (2001063987C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 March 2002
         DOCKET NUMBER: AR2001063987


         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
Mr. William Blakely Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Thomas b. Redfern, III Member
Mr. Donald P. Hupman, Jr. 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, that his military records be corrected to show his service in military occupational specialty (MOS) 11B (Infantryman) with the Additional Skill Identifier (ASI) of P (Parachutist).

3. The applicant states, in effect, that the MOS shown in his last separation document (DD Form 214), dated 1 September 1972, is incorrect. He claims that he never served in a quartermaster MOS in his 17 years of service. He further states that he was an airborne infantryman who served in combat during the Vietnam war in 1965 and 1969 and his record should reflect that. In support of his application, he submits a copy of his final DD Form 214, dated 1 September 1972.

4. The applicant’s military record shows that he initially entered the Army on
7 September 1955, and that he continuously served on active duty for 16 years, 5 months, and 14 days. On 26 August 1965, he reenlisted for his final period of active duty service, which is the period covered by the DD Form 214, dated 1 September 1972, now under review.

5. The applicant’s Enlisted Qualification Record (DA Form 20) verifies, in
Item 22 (Military Occupational Specialties), that he was awarded the MOS 11B4P in January 1956, and that he held and served in that MOS until it was withdrawn on 12 January 1970, at which time he was awarded MOS 57G40 (Duty Foreman).

6. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Special Orders Number 13, dated 13 January 1970, issued by Headquarters,
21st Signal Group, which awarded the applicant the MOS 57G40 as his primary MOS and withdrew his 11B4P MOS, effective 12 January 1970.

7. The MPRJ also contains copies of two previously issued separation documents that cover the applicant’s active duty service for the periods
26 August 1955 through 25 August 1959 and 26 August 1959 through 25 August 1965. These DD Forms 214 confirm, in Item 25a (Specialty Number and Title), that the applicant held and served in the MOS 11B4P during the periods of service covered by these documents.

8. The DD Form 214, issued to and signed by the applicant on the date of his separation, 1 September 1972, shows that he held the rank and pay grade of sergeant first class/E-7 (SFC/E-7) and Item 23a (Specialty Number and Title) confirms that on the date of his separation, he held and was serving in MOS 57G40 (Duty Foreman).


9. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 and Table 2-1 (DD Form 214 Preparation Instructions), in effect at the time, stated that the primary MOS and title held by the member on the date of separation would be entered in item
23a (Specialty Number and Title).

CONCLUSIONS:

1. The evidence of record confirms that the applicant was awarded and served in MOS 11B4P from January 1956 through 12 January 1970, at which time it was withdrawn and he was awarded the primary MOS of 57G40 (Duty Foreman).

2. Although the policy in effect at the time called for entering only the MOS held on the date of separation to the DD Form 214, the Board concludes it would be appropriate and serve the interest of equity to recognize the applicant’s service in MOS 11B4P during this enlistment. Therefore, the Board concludes the following entry should be added to his 1 September 1972 separation document: “Soldier served in MOS 11B4P (Infantryman-Parachutist) from 26 August 1965 to
11 January 1970.”

3. The applicant’s service in MOS11B4P is well documented in his Enlisted Qualification Record and in two previously issued separation documents covering his service between 26 August 1955 and 25 August 1965. Therefore, the Board finds relief beyond that already granted in the preceding paragraph is not warranted in this case.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.



RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by adding the following entry to Item 30 (Remarks) of the DD Form 214, dated 1 September 1972, of the individual concerned: “Soldier served in MOS 11B4P (Infantryman-Parachutist) from 26 August 1965 to 11 January 1970;” and by providing him a corrected separation document that reflects this change.

BOARD VOTE:

__FNE__ _ _TBR__ __DPH GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn__
                  CHAIRPERSON



INDEX

CASE ID AR2001063987
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/03/05
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.05
2.
3.
4.
5.
6.



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