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ARMY | BCMR | CY2002 | 2002070474C070402
Original file (2002070474C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 September 2002
         DOCKET NUMBER: AR2002070474


         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
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. William D. Powers Member
Mr. Donald P. Hupman 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 that item 11 (Last Duty Assignment and Major Command) be corrected to add the entry, "1st Cav (Cavalry) Div (Division)
Ft (Fort) Hood, TX (Texas)." He also requests that item 26 (Decorations and Awards) be corrected to show that he completed Desert Training in 1972 and was awarded the Expert Marksmanship Badge with Grenade Bar.

3. The applicant states that items 11 and 26 of his DD Form 214 are incorrect.
In support of his application, he submits copies of his two DD Forms 214.

4. The applicant's military records show he enlisted on 14 July 1971, as a helicopter repairman. He continued to serve until he was honorably released from active duty and was placed on the Temporary Disability Retired List (TDRL) on 26 March 1975.

5. Item 12 of his DD Form 214, dated 25 October 1972, shows the entry, "HHT 1/9th Cav, lst Cav Div, Ft Hood, TX 76545 5TH USA."

6. Item 11 of his DD Form 214, dated 26 March 1975, shows the entry, "HHT 4th Sqd 9th Cav Ft Hood, TX."

7. Item 38 (Record of Assignments/Organization and Station or Theater) of his DA Form 20 (Enlisted Qualification Record) shows that he was assigned to HHT, 1st Sqd, 9th Cav, Fort Hood, Texas from 5 April 1973 to 18 November 1974.

8. Item 35 (Record of Assignment/Organization and Station or Overseas Country) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows that he was assigned to HHT, 4th Sqd 9th Cav Fort Hood, Texas from 19 November 1974 until placed on the TDRL.

9. There is no indication in the applicant's personnel records which shows that he completed Desert Training in 1972.

10. The applicant's DD Form 214, dated 25 October 1972, shows he was awarded the National Defense Service Medal and the Parachutist Badge.

11. The applicant's DD Form 214, dated 26 March 1975, shows he was awarded the Marksmanship Badge with Rifle Bar and the Good Conduct Medal.

12. There is no indication in the applicant's personnel records that shows he was qualified for or was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.



13. 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 soldiers' last duty assignment and major command would be entered in item 11 of the DD Form 214.

CONCLUSIONS:

1. The evidence of record shows that the applicant's last unit of assignment was
HHT 4th Sqd 9th Cav, 1st Cav Div, Fort Hood, Texas prior to his retirement. Therefore, he is entitled to correction of item 11 of his DD Form 214, dated 26 March 1975, to show the entry "HHT 4th Sqd 9th Cav, 1st Cav Div, Fort Hood, TX."

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he completed Desert Training. Therefore, there is no basis to correct item 26 of his DD Form 214, dated 26 March 1975.

3. There is no evidence of record to show that he was qualified for or was awarded the Expert Marksmanship Qualification Badge with Grenade Bar. Therefore, there is no basis to correct item 26 of his DD Form 214, dated 26 March 1975.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing the entry "HHT 4th Sqd 9th Cav, 1st Cav Div, Fort Hood, TX" in item 11 of his DD Form 214, dated 26 March 1975.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__js___ ___wp___ __dh____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ___John N. Slone___
                  CHAIRPERSON



INDEX

CASE ID AR2002070474
SUFFIX
RECON
DATE BOARDED 20020912
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19750326
DISCHARGE AUTHORITY AR 635-200/635-40/temp retired list
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021
2.
3.
4.
5.
6.

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