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ARMY | BCMR | CY2002 | 2002075267C070403
Original file (2002075267C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 November 2002
         DOCKET NUMBER: AR2002075267

         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
Mr. Lee Cates Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Sherri V. Ward Member
Mr. Melvin H. Meyer 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 that he served as an Air Assault soldier.

APPLICANT STATES: That he was really Air Assault, not a Clerk-Typist.

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

On 13 September 1974, the applicant enlisted in the Army for training in military occupational specialty (MOS) 55B (Ammunition Storage Specialist).

On 2 December 1974, the applicant waived his enlistment option for training in MOS 55B and selected an alternate MOS of 71B (Clerk-Typist) based on a medical disqualification.

On 8 January 1975, he was hospitalized and on 10 January 1975 assigned to the Medical Holding Company, Letterman Army Medical Center, Presidio of San Francisco, California. At the time of his assignment, his MOS was 09B (Trainee).

The facts and circumstances surrounding the applicant’s discharge are not contained in the available records. His DD Form 214 (Report of Separation from Active Duty) shows that he was discharged under the provisions of Army Regulation 635-40, chapter 9, based on unfitness, which existed prior to service.

On 23 January 1975, he was separated under Chapter 9, Army Regulation 635-40, chapter 9, based on medical disqualification, which existed prior to service. His separation document indicates he had 4 months and 11 days of creditable service and that his MOS was 72B (sic) (Clerk-Typist).

Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Chapter 9 (Expeditious Discharge for Disabilities Existing Prior to
Service), then in effect, provides for the expeditious discharge of enlisted personnel who are unfit for retention on active duty by reason of physical disability which was neither incurred nor aggravated during any period in which the member was entitled to basic pay.

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. There is no evidence of record which shows the applicant was ever awarded an MOS other than the assigned trainee status MOS.

2. There is no evidence of record, which shows the applicant ever received air assault training or was awarded a additional skill identifier of Air Assault.
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

_JNS____ _MHM__ _SVW___ DENY APPLICATION




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



INDEX

CASE ID AR2002075267
SUFFIX
RECON
DATE BOARDED 20021119
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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