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ARMY | BCMR | CY2002 | 2002068056C070402
Original file (2002068056C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 May 2002
         DOCKET NUMBER: AR2002068056

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Kenneth W. Lapin Member
Mr. John T. Meixell 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: In effect, correction of his primary military occupational specialty (PMOS) to show he served as an artilleryman. He also requests, in effect, that item 13 (Enlisted Or Volunteered For) on his DA Form 20 (Enlisted Qualification Record) be corrected to show he "volunteered" and that item 38 (Record of Assignments) be corrected to show he served in an infantry duty position from April 1968 through May 1968.

APPLICANT STATES: That the wrong MOS's are listed on his service records. He contends that he was in "the Artillery Battery," and did not serve as a mechanic. In support of his application, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DA Form 1577 (Authorization for Issuance of Awards), and his DA Form 20.

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

The applicant enlisted in the Regular Army on 26 September 1966 for a period of 3 years. He successfully completed basic and advanced individual training (AIT) and was awarded MOS 63A (Automotive Maintenance Apprentice). He served in Vietnam from 6 July 1967 through 5 July 1968 and was honorably released from active duty on 22 October 1969.

The applicant's DD Form 214 shows the entry "63B20 WHL VEH RPRMN" [Wheel Vehicle Repairman] in item 23a (Specialty Number & Title).

The applicant's DA Form 20 shows he was assigned to the 2nd Battalion, 12th Cavalry, 1st Cavalry Division from 10 July 1967 to 5 April 1968 in MOS 63A as a mechanic. His DA Form 20 also shows his last assignment in Vietnam was with Battery C, 2nd Battalion, 19th Artillery, 1st Cavalry Division from 6 April 1968 to 4 July 1968 as a mechanic in MOS 63A.

The applicant's service personnel records contain 1st Cavalry Division Special Orders Number 186, dated 4 July 1968, which appointed him to the temporary grade of private first class/pay grade E-3 in the PMOS "13B20" [Cannon Crewmember]. However, there is no evidence of record which shows the applicant was awarded PMOS 13B.

The applicant's service personnel records contain 3rd Battalion, 65th Artillery Special Orders Number 170, dated 27 September 1968, which awarded him the PMOS 63B (Wheel Vehicle Mechanic) and withdrew his PMOS 63A.

The applicant's DD Form 4 (Enlistment Record) shows he enlisted in the Regular Army on 26 September 1966. Item 13 on his DA Form 20 shows he "enlisted" in the Regular Army. There is no evidence which shows he "volunteered for" any particular program as an enlistment option.
There is no evidence in the applicant's service personnel records which shows he served in an infantry duty position during the period April 1968 through May 1968.

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the PMOS and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military, service will be entered in item 23a (Specialty Number & Title).

Army Regulation 600-200 (Enlisted Personnel Management System) in effect at the time in question governed the preparation of the DA Form 20 (Enlisted Qualification Record). The instructions for completing item 13 (Enlisted Or Volunteered For) required entry of the enlistment commitment or program for which the soldier volunteered as stated on his or her enlistment or induction record or approved written application, if any.

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. The Board considered the applicant's contention that the wrong MOS's are listed on his service records.

2. Records show the applicant successfully completed AIT and was awarded PMOS 63A (Automotive Maintenance Apprentice) and served as a mechanic during his tour in Vietnam.

3. Orders show he was later awarded PMOS 63B (Wheel Vehicle Mechanic) and his PMOS 63A was withdrawn.

4. Evidence of record shows the applicant was promoted into MOS 13B (Cannon Crewmember); however, there is no evidence, and the applicant provided no evidence which shows he was awarded the PMOS 13B or that he ever served in that PMOS. Therefore, there is no basis for amending his MOS and his records are correct as currently constituted.

5. The applicant's request to have his DA Form 20 corrected to show he "volunteered" and that he served in an infantry duty position was also considered by the Board. However, the DA Form 20 became obsolete in 1974 and is no longer maintained. Therefore, there is no basis to make corrections to the applicant's DA Form 20 at this time.

6. 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.

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

SAC_______ KWL_____ JTM_____ DENY APPLICATION



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




INDEX

CASE ID AR2002068056
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020407
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0500
2.
3.
4.
5.
6.


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