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ARMY | BCMR | CY2002 | 2002067583C070402
Original file (2002067583C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 9 May 2002
         DOCKET NUMBER: AR2002067583

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. John N. Slone Member
Mr. Terry L. Placek 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: That his records be corrected to show he served 15 days in Vietnam.

APPLICANT STATES: That he went to Vietnam for 15 days during the period listed as casual enroute to Korea from 5 February to 1 March 1972. He completed three specialized training courses on 24 February 1972 while he was listed as casual. He provides no supporting evidence.

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

He enlisted in the Regular Army on 24 September 1971. He completed basic combat training and advanced individual training and was awarded military occupational specialty 13B (Field Artillery Crewman).

The applicant’s Enlisted Qualification Record, DA Form 20, item 31 (foreign service) shows his only overseas tour was in Korea from 19 February 1972 through 22 March 1973. Item 38 (record of assignments) shows he departed Fort Sill, OK on 5 February 1972 in a casual status enroute to Korea and that he was assigned to Battery A, 8th Battalion, 61st Artillery, 2d Infantry Division, Korea on 1 March 1972. Item 48 (date of audit) shows he audited his DA Form 20 on 25 June 1973. Item 28 (specialize training) shows that he completed training in the Uniform Code of Military Justice, Benefits of an Honorable Discharge, and Sabotage and Espionage Directed against the Army on 24 February 1972.

Leave and Earnings Statements (LESs) at the Defense Finance and Accounting Service indicate the applicant was in the States in January 1972, that he was on leave from 4 through 6 February 1972, and that he began to draw foreign duty pay for assignment in Korea on 7 February 1972. His LESs do not show he ever drew hostile fire pay, was ever assigned to Vietnam, or was ever assigned to a combat zone.

The applicant was released from active duty on 2 July 1974. His Report of Separation from Active Duty, DD Form 214, shows that he served in Korea. The applicant signed his DD Form 214.

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. The applicant has failed to submit evidence that would satisfy this requirement.

2. There is no evidence or record either in the applicant’s military personnel records or in his finance records and he provides none to show he served in Vietnam.

3. The most likely explanation for the discrepancy between finance records showing he began to draw foreign duty pay for assignment in Korea on 7 February and personnel records showing he completed specialized training on 24 February 1972 but was assigned to “Korea” on 1 March 1972 is that he was assigned to a replacement detachment in Korea on 7 February 1972 with assignment to his permanent duty station on 1 March 1972. Again, the applicant has provided no evidence to show he was assigned elsewhere.

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

__jl____ __jns___ __tlp___ DENY APPLICATION



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




INDEX

CASE ID AR2002067583
SUFFIX
RECON
DATE BOARDED 20020509
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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