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ARMY | BCMR | CY2001 | 2001066052C070421
Original file (2001066052C070421.rtf) Auto-classification: Denied
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.


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