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ARMY | BCMR | CY2002 | 2002069018C070402
Original file (2002069018C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 25 July 2002
         DOCKET NUMBER: AR2002069018

         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Kenneth W. Lapin Member
Mr. Richard T. Dunbar 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 of item 23 (Specialty Number & Title) of his DD Form 214 (Report of Transfer or Discharge).

APPLICANT STATES: That he served in Vietnam from 27 February 1968 to 20 February 1970, and was never a clerk typist. In support of his application, he submits a copy of his DD Form 214.

EVIDENCE OF RECORD: The applicant's military records show he was inducted on 27 February 1968, as a light weapons infantryman. He served in Vietnam from 13 June 1969 to on or about 20 February 1970, and was released from active duty on 20 February 1970.

Item 23a of the applicant’s DD Form 214 shows the entry “71B20 Clerk Typist.”

The applicant’s records contain a copy of Headquarters, United States Army Training Center Special Orders Number 127, 24 May 1968, which show that the applicant was reassigned to Fort Polk, Louisiana for training in military occupational specialty (MOS) 11B with a reporting date of 1 June 1968.

The applicant’s records contain a copy of a DA Form 8-274 (Medical Condition-Physical Profile Record), dated 24 July 1968, which show that he was issued a permanent profile of 112111 with a physical defect of a right high arch. His profile recommended an MOS not requiring marching over 1 mile, running over
½ mile, or long standing. It further recommended preferably a position such as a clerk or typist in the administrative area.

Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that applicant received training as a cook (currently known as a food service specialist) (94B20) from 29 July 1968 to 4 October 1968.

The applicant’s records contain a copy of Headquarters, US Army Training
Center, Infantry and Fort Polk Special Orders Number 242, dated 25 September 1968, which show that the applicant was reassigned to Fort Leonard Wood, Missouri for on the job training (OJT) in MOS 44A10 with a reporting date of 6 October 1968.

The applicant’s records contain a copy of Headquarters, 5th Engineer Battalion (COMBAT) Special Orders Number 11, dated 16 January 1969, which awarded 44A10 as the applicant’s primary military occupational specialty (PMOS) effective 31 December 1968.




Item 38 of the applicant’s DA Form 20 shows that the applicant performed duties as a shop clerk from 18 June 1969 to 17 February 1970.

Headquarters, US Army Support Command Qui Nhon Special Orders Number 337, dated 3 December 1969, shows that the applicant was promoted to SP4/E-4 in MOS 71B20 effective 5 November 1969, while serving in Vietnam.

Headquarters, US Army Support Command Qui Nhon Special Orders Number 338, dated 4 December 1969, shows that the applicant was awarded the PMOS of P71B20 and had withdrawn the PMOS of P44A10 effective 5 November 1969, while serving in Vietnam.

Item 22 (Military Occupational Specialties) of the applicant’s DA Form 20
shows that the applicant was awarded the PMOS of 71B20, Clerk-Typist effective 5 November 1969.

Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It provided, in pertinent part, that the soldier’s primary specialty number and title would be entered in item 23a of the 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. The evidence of record shows that the applicant was inducted as a light weapons infantryman (11B), served as a cook (94B20), was awarded the PMOS of 44A10 effective 31 December 1968, was awarded the PMOS of 71B20 effective 5 November 1969, and had his PMOS of 44A10 withdrawn on the same date. As a result, the applicant’s PMOS at the time of separation was 71B20. Therefore, his records are correct as currently constituted and he is not entitled to correction of item 23a of his DD Form 214.

2. 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.








3. 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

__ro___ ___kl__ __rd_____ DENY APPLICATION



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




INDEX

CASE ID AR2002069018
SUFFIX
RECON
DATE BOARDED 20020725
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19790220
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 6
2.
3.
4.
5.
6.


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