MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 August 2003
         DOCKET NUMBER: AR2002082409

         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Roger W. Able		Member
Ms. Regan K. Smith		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)

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APPLICANT REQUESTS: That his rank as a sergeant first class (SFC) (E-7) be reinstated, that his discharge be upgraded or voided, and that his records be corrected to show the award of unspecified awards and badges and that he was a commissioned officer.

APPLICANT STATES: In effect, that he was improperly reduced from E-7 to E-1 and discharged for wearing awards and decorations to which he was not entitled. He contends that he is entitled to these awards and decorations and requests that the Board correct his records to properly show this entitlement. The applicant also purports to have received a direct commission in 1972, to have been appointed to the Judge Advocate General’s Corps, to be a practicing lawyer, and to be eligible for retirement with 31 years of service.

The applicant states the reason that there was no documentation for the awards, badges, or commission is that these documents were in his Official Military Personnel File (OMPF) and that record was destroyed in the October 1973 St. Louis fire.

EVIDENCE OF RECORD: The applicant’s records show:

The Board has previously reviewed the applicant’s file on an unrelated matter. Incorporated herein by reference is the decisional document prepared to reflect the Board's previous consideration of the case (AC97-11089) on 1 April 1998.

The records show that the applicant enlisted in the Regular Army on 30 December 1970. He served with the 1^st Cavalry Division in Vietnam.

A DA Form 20 (Personnel Qualification Record), with the audit date of 21 February 1973, shows that the applicant served in Vietnam from 6 January 1972 through 29 July 1972 and in the Canal Zone from 31 July 1972 through 27 December 1973.

A subsequent DA Form 2-1 (Personnel Qualification Record) shows overseas service in Germany from June 1971 through December 1971, Vietnam from January 1972 through June 1972, Panama from June 1972 through November 1973, Panama from April 1974 through January 1975, Korea from October 1977 through October 1978, and Germany from November 1979 through December 1982.

A Headquarters (HQ) U. S. Army Forces Southern Command, Ft. Amador, Canal Zone Certificate shows completion of a Jumpmaster Course on 30 August 1973.

Special Orders 361, issued by Headquarters, Ft. Dix, New Jersey shows a 27 December 1973 reassignment with no travel involved.

He was released from active duty on 22 February 1974 in the grade of specialist four (SP4).

The applicant’s 22 February 1974 DD Form 214 shows his grade as SP4 (E-4), his last duty assignment as Fort Amador, Canal Zone, and his MOS as 11B2P, light weapons infantryman. His awards are listed as the National Defense Service Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal. He is shown to have had 1 year, 10 months and 21 days of foreign service. The only course reflected, other than his MOS training, is a Junior Leader Noncommissioned Course completed in 1972.

The applicant reenlisted on 5 March 1974, and again on 24 October 1979. At the time of his 1979 reenlistment he received orders to Ft. Bragg, North Carolina. His microfiche also shows an extension of his enlistment for three years on 3 December 1979.

The 1982 DD Form 214 shows his rank at discharge as SGT E-5 with an MOS of 11B2V Infantryman. [An 11B2V MOS denotes a Ranger-Parachutist. The date of award of this MOS is not of record.] His awards include those listed above plus the Vietnam Service Medal with two bronze service stars, the Good Conduct Medal (3^rd award), the Army Service Ribbon, the Marksman Badge with Rifle Bar, the NCO Professional Development Ribbon with numeral 1, and the Overseas Service Ribbon with numeral 3. His military education is listed as the “PNCO” course in 1976.

Neither of the above noted DD Forms 214 reflect any of the awards or badges in question, or that the applicant held any type of commission.

The applicant’s OMPF contains copies of certificates showing completion of Basic Noncommissioned Officers Course in May 1981 and the Advanced Noncommissioned Officers Course in June 1982. He was listed as a SGT (E-5) during both schools.

In July 1982 the applicant was barred from reenlistment under the Qualitative Management Program and was honorably discharged as a sergeant (E-5) on 27 December 1982.

The applicant’s OMPF contains copies of Enlisted Evaluation Reports (EER), Noncommissioned Officer Evaluation Reports (NCOER), weapons proficiency reports, school evaluations, training completion certificates, and similar items for the period 1972 through 1982. These documents list the applicant as a specialist four (SP4) (E-4) from 14 November 1971 through 27 September 1980, and as a sergeant (SGT) E-5 through his discharge in 1982.

He enlisted in the New Jersey Army National Guard on 8 February 1983 and was separated from the Guard and the Reserve on 7 February 1984.

He again enlisted in the Regular Army on 30 May 1984 in pay grade E-3, based on civilian education. The enlistment document shows that he had no prior service. He was discharged, in August 1984, for fraudulent enlistment based on his failure to disclose his prior periods of service.

The applicant enlisted on 23 October 1987 in the Air Force Reserve as an E-5 for 1 year. On 2 March 1988 he reenlisted in the Army Reserve as an E-5.

A DA Form 4836 (Oath of Extension or Reenlistment), dated 12 December 1994, states that he extended his 28 January 1989 enlistment for 6 years. [The record does not contain a 28 January 1989 reenlistment document.]

A DA Form 4/1 shows the applicant reenlisting in the Reserve for 6 years in pay grade E-7 on 4 June 1995.

On 5 November 2000 the applicant was notified that his command had initiated discharge action due to a finding that he was wearing unauthorized military awards and badges.

The applicant was discharged from the Army Reserve, effective 21 February 2001, with an under other than honorable conditions characterization of service. The authority for discharge is listed as Army Regulation 135-178. He is shown to be a PV1 (E-1) at this time.

He submits a 1992-1993 NCOER which shows him as a SSG (staff sergeant) and a 1998-1999 NCOER showing him as a SFC (sergeant first class).

Contained within the applicant’s submission are numerous documents which the applicant states support his entitlement for awards and badges that were not properly recorded in his OMPF and that he received a commission with promotions through the rank of lieutenant colonel (LTC). These documents are sorted and addressed into two categories as they relate to awards and badges or rank and pay grade.

It is noted that several of these documents are already incorporated on the microfiche of his Official Military Personnel File (OMPF).

The following certificates, orders, and memorandum were submitted in support of the applicant’s request for entitlement to additional awards and badges.

When quoted, an attempt has been made to depict the spacing, spelling, wording, and punctuation as it appears on the referenced form.

1.       A United States Army Special Forces Certificate for completion of the “Special Forces Qualification Course (18-SQID) 24–July–72 - 31–August-72.” It shows the applicant’s rank as a second lieutenant.

2.       A 12 November 197(2) document listing the graduation standing for members of the 75^th Infantry Ranger Course, Class 2-7(2). The attached list shows the applicant at number 12 with a rank of SP4. [It is noted that the listed score of 824.5 would put him at number 7 or 8 not number 12 and that all of the dates were pen and ink changed from 1971 to 1972.]

3.       HQ, United States Army Support Command, Da Nang General Orders (no number is displayed), dated 13 November 7(2) (pen and ink change) awarding the Army Ranger Tab for service between 25 August 197(2) and 12 November 197(2) and based on completion of “Ranger Course, Class 2-7, Ankhe, Vietnam”. The applicant’s rank is shown as SP4. [It is noted that this order has the applicant’s name placed in the same incorrect order as on the above document.]

4.       A HQ, 3^rd Brigade, 1^st Cavalry Division General Orders Number 351 shows “B____, C____ C. XXX-XX-XXX SP4 11B20 1^st CAVALRY DIVISION (AIRMOBILE) APO San Francisco 96490, February 1972 to April 1972 “ was awarded the Army Commendation Medal (First Oak-Leaf Cluster). Dates of service are listed as “As indicated in the Standard Name Line”. The applicant’s rank is shown as SP4 in MOS 11B20.

5.       3^rd Brigade, 1^st Cavalry Division Special Orders 58 lists recipients of the Combat Infantryman’s Badge, effective 21 February 1972. [The document submitted by the applicant is only the second page of the Orders, however his microfiche contains this document listing his name and grade as SP4.]

6.       A HQ, 3^rd Brigade, 1^st Cavalry Division General Orders Number 1982 lists recipients of the Bronze Star Medal. The listed period of service is 1 February 1972 through 20 June 1972. The reason line states “For meritorious achievement, involving participation in aerial flight, in connection with ground operations against a hostile enemy force in the Republic of Vietnam.” The applicant’s rank is shown as SP4. [The copy of this document on the applicant’s microfiche shows “not involving participation in aerial flight…”.]

7.       A Certificate of Service from Military Assistance Command (Vietnam) HQ, Saigon that states that the applicant, as a SP4, was awarded the Certificate of Service. Above the Certificate of Service is “SERVE AS THE BATTALION ADVISER FOR A RANGER BATTALION AND OPERATIONS ADVISER FOR A RANGER GROUP FOR THE MAC-V”. Below the applicant’s name it shows “For Serving as a Military Field Advisor Attached to the Republic of Vietnam Army”. The dates of service are shown as “3 April72 to 28 May 72”.

8.       A Certificate of Training for Completion of “SPECIAL FORCES TRAINING AND LONG RANGE PATROL COURSE (18-SQID)” “24-July-72 - 31-August-72”, on which the applicant’s rank is shown as 2LT.

9.       A Special Forces Certificate of Completion for the “MILITARY FREE FALL AND UNDERWATER SCUBA DIVER QUALIFICATION COURES (4Y) COMBAT JUMP-29-SEPTEMBER-1972”. The line below the course title states,” “In testimony whereof, and by the authority vested in us, we do confer upon the individual this Diploma.” The applicant’s rank is shown as 2LT.

10.      A HQ U. S. Army Forces Southern Command, Ft. Amador, Canal Zone Special Orders Number 175, dated 3 September 1974, shows that the applicant was reassigned to Company B, 3d Battalion, 5^th Infantry Division, Ft. Amador with no travel involved. The applicant’s rank is shown as SP4 in MOS 11B2V.

11.      A 25 October 1974 HQ, Fort Dix, New Jersey Certificate of Graduation for the Drill Sergeant Course Class 3-74. The applicant’s rank is shown as SGT.

12.      A 16 January 1975 Jungle Expert Certificate from the Jungle Operations Training Center, Canal Zone. The applicant’s rank is shown as SGT.

13.      A 25 April 1975 HQ, U. S. Army Forces Southern Command, Ft. Amador, Canal Zone Special Orders Number 86 shows award of the “Military Free Fall Parachutist” badge. The applicant’s rank is shown as SGT.

14.      A 24 October 1975 HQ, U. S. Army Forces Southern Command, Ft. Amador, Canal Zone [also listed as being Special Orders Number 86] shows award of the Master Parachutist Badge. The applicant’s rank is shown as SGT.

15.      A U. S. Army Military Police School, Ft. McClellan, Alabama certificate showing, as a SP4, completion of the Military Police Officer Course requirements on 6 September 1977 at Ft. McClellan, Alabama.

16.      A 21 May 1978 Company B, 1st Brigade, 2nd Infantry Division memorandum showing completion of an “8th week’s intensive Korean Ranger Training.” It states “SGT (name) has pass the Korean Ranger Training without no deficiencies noted. He is one of the most outstanding individual and a professional.” The applicant’s rank is shown SGT.

17.      U. S. Army Regional Personnel Center, Camp Casey Special Orders Number 68-23, dated 21 May 1978, shows “2. TC 345 auth, as Indic. Per adm DOA IAW 672-5-1 Foreign decoration Wear on BDU pert to: award of Korean Parachutist Badge.” It states that the applicant, a SGT, “successfully completed 8th week’s intensive Korean Airborne and Special Operations Course.” “eff date: 19 May 78”; Awd: P11B2V”; “ Reason: Completed Korean Ranger Course DOA”

18.      The 2nd Battalion, 87 Infantry Division, Lee Barracks, Mainz, Germany, certificate showing award of a Certificate of Achievement, for his efforts with the 3rd Squad during a graded exercise, on 31 July 1980. The applicant’s rank is shown as SP4.

19.      A 7 May 1981 Department of the Army (DA) Certificate of Training showing completion of the Basic Noncommissioned Officers Course as a SGT.

20.      A 3 June 1982 DA Certificate of Training for completion of the “8TH INFANTRY DIV, ADVANCED NONCOMMISSIONED OFFICERS COURSE” as a SGT.

21.      A Bronze Star Medal Certificate, dated 26 June 1986, showing award of the Bronze Star Medal with First Oak Leaf Cluster. [This document has the same citation and covers the same period of service in Vietnam as noted on the earlier award. The only difference is that this document has a notation that it is for a Bronze Star Medal with First Oak Leaf Cluster. ]

22.      An undated State of New Jersey Distinguished Service Medal for the applicant’s period of service in Vietnam.

The following documents were submitted to support the applicant’s request to correct his records to show that he had received a commission with promotions to the rank of LTC.

Again when quoted, an attempt has been made to depict the spacing, spelling, wording, and punctuation as it appears on the referenced form.

1.       A memorandum, dated 10 May 1972, from the HQ, 3^rd Brigade (Separate), 1^st Cavalry Division shows, in the subject line, “Appointed Direct Commission Regular Army”. It further reads in part; “you are appointed commissioned officer of the Army, effective 9 May 1972. Therefore promoted from SFC, E4 to 2LT,O1 MOS 11B. awarded primary MOS effective 9 May 72 on your acceptance, in the address above field Commissioned in the Republic of Vietnam.”

2.       A second copy of the 10 May 1972 memorandum reads “The Secretary of the Army has directed that you be informed that by direction of the President, you are appointed commissioned officer of the Army, effective 9 May 1972. Therefore promoted to 2LT, on your acceptance, in the address above field Commissioned in the Republic of Vietnam.” Both documents have the same signature and distribution block information.

3.       An “Officer’s Commission” Certificate which states “…I do appoint SECOND, LIEUTENANT APPOINTMENT DIRECT COMMISSION REGULAR ARMY WHO DEMONSTRATED A HIGH POTENTIAL IN LEADERSHIP United States Army to RANK as such from the NINTH day of MAY nineteen hundred and SEVENTY-TWO “. The date of the certificate is noted as 23 August 1972. It contains signature blocks for the Adjutant General and the Secretary of the Army.

4.       A second copy of this document reads the same except it does not include the line “APPOINTMENT DIRECT COMMISSION REGULAR ARMY WHO DEMONSTRATED A HIGH POTENTIAL IN LEADERSHIP” and does not contain a signature block for the Adjutant General.

5.       A DA Form 71 (Oath of Office), dated 23 August 1972 showing the applicant executed this document in the “Military District of Washington, U.  S. Army, Washington, D. C.”

6.       A United States Army Infantry School Diploma showing completion of the Officer Basic Course at Ft. Benning Georgia on 10 August 1973. This document bears a raised seal from the District Court Canal Zone.

7.       A second United States Army Infantry School Diploma showing the applicant as having completed the Officer Basic Course at Ft. Benning Georgia on 10 August 1973. This document bears a raised seal from the Clerk of Burlington County, New Jersey.

8.       HQ, 3^rd Brigade, 1^st Cavalry Division Orders Number (not legible), dated 6 November 1973, shows a promotion from “1LT to CPT. MOS 11B00 . Promotion effective 5 November 1973 with a date of rank of 5 November 1973 .” The authority listed is “Chapter 3 Section I. AR 310- (illegible) “. This document has several handwritten notations stating it had been located in 1981 and submitted to verify that the applicant had been commissioned in 1971.

9.       A United States Army Infantry School Diploma showing completion of the Officer Advanced Course at Ft. Benning Georgia on 21 October 1975.

10.      A Department of the Army “JUDGE ADVOCATE GENERAL’S CORPS SCHOOL OF LAW” certificate that states that the applicant, an “ATTORRNEY AT LAW SPECIALIZED PRACTICE” completed the “MILITARY LAW, JUDGE ADVOCATE OFFICER ADVANCE COURSE MILITARY JUSTICE-27-JULY-1979.”

11.      A U. S. Army Regional Personnel Center, Wiesbaden Mainz Composite Team, Orders 245-28, dated 30 September 1980 shows that the applicant was promoted from SP4 to SGT in MOS 11B20. The promotion was effective 1 October 1980 with a date of rank of 2 September 1980. The authority for promotion is shown as paragraph 7-13, AR 600-200.

12.      A DA Form 71(Oath of Office), dated 24 February 1983, appointing the applicant to the grade of O-4 was executed in the “Military District of Washington, U. S. Army, Washington, D. C.”
.
13.      An Army War College certificate conferring the degree of “Master of Military Arts and Science” to the applicant as of 4 August 1983.

14.      A “Officer’s Commission” Certificate which states “….I do appoint MAJOR, REGULAR ARMY United States Army to RANK as such from the NINTH day of NOVEMBER nineteen hundred and EIGHTY-TWO “. It contains signature blocks for the Adjutant General and the Secretary of the Army.

15.      A U. S. Army Regional Personnel Center, Wiesbaden, Germany, Orders 175-28, dated 10 November 1982, stating that the applicant was “promoted from CPT,O3 to MAJ. MOS 11A00 promotion is effective 9 November 1982 with a date of rank of 9 November 1982 .” The promotion authority is show as “Chapter 3 Section I. AR 135-155.”

16.      A U. S. Army Regional Personnel Center, Wiesbaden, Germany, Orders 183-52, dated 23 November 1982, stating that the applicant was “promoted from CPT,O3 to MAJ. MOS 11A00. promotion is effective 23 November 1982 with a date of rank of 23 November 1982 .” The promotion authority is show as “Chapter 3 Section I. AR 135-155.”

17.      A DA U. S. Army Regional Personal Center, Wiesbaden, Mainz Composite Team, Orders 162-28, dated 16 October 1986, showing that the applicant was promoted from”MAJ,O4 to LT.COL. MOS 11B00 promotion is effective 15 October 1986 with a date of rank of 15 October 1986 .”

18.      Three 1993 letters of recommendation that the applicant be commissioned in the “Judge Advocate General’s Corp”. The three letters are all allegedly from officers assigned to the same unit, the 404th Civil Affairs Battalion, Trenton, New Jersey, but each has a contact number with different prefixes and different area codes. [The phone company reports that none of the numbers are valid.]

19.      A DA 1059 (Service School Academic Evaluation Report) shows that as a SSG, U. S. Army, the applicant completed the Civil Affairs Operations Course on 19 March 1993.

20.      DA HQ U. S. Army Special Operations Command, Ft. Bragg, North Carolina “Orders 181-15”, dated 2 August 1994, showing that the applicant was promoted from “SFC , E7 to MSG, E8. MOS 38A50 is awarded as his primary MOS effective 1 August 1994. Promotion is effective 1 August 1994.” The authority listed is Chapter 3, Section I, AR 140-158.

21.      On the 1996 request to this Board the applicant indicated that he was a SFC in the U. S. Army Reserve.

The applicant also submits copies of the following college transcripts, which are also questionable in nature.

1.       A transcript of courses from Pacific College of Fresno, California showing as a military dependent he completed 120 credits. The transcript lists 27 specific courses and a line marked “elective” without identifying the courses taken for 30 additional credits. [A university would not lump courses together without identifying what the course’s title was to prevent duplicate credit.]

2.       A transcript from La Salle University (of Louisiana) showing completion of 6 courses, transfer credit of 120 credits, and award of a Masters of Science in Management degree, granted October 1991.

3.       A second transcript from La Salle University (in Louisiana) showing completion of 16 courses between May 1993 and November 1994. It shows award of a degree of “Juris Doctor” that was awarded on 26 December 1997. The date of issuance of the document is 13 December 1999. [Contact with officials at La Salle University, in Pennsylvania, advise that the university in Louisiana is no longer in operation. They did not know where records from that university were stored.]

The applicant submits several statements on his own behalf. In a statement, dated 24 October 2002, the applicant requested that his rank be restored. The typed rank is listed as SFC (E-7) but is crossed out and master sergeant (MSG) (E-8) is written in. In this statement he avers that he received Airborne Training in July 1971 while attached to “the 509th in Vecenza, Italy”.

On his current application, received 15 November 2002, he states that he was reduced from “SFC/E-7 to PVT E-1”, that he had 30 years of service and received decorations for his active duty in Vietnam, Germany, Korea and Panama.

On a second copy of his application he states that he was a “Promotable, MSG/E-8”, and that he was representing himself “as an attorney, date of practice 5-7-02.”

On a statement dated 17 January 2003, the applicant requests “For retirement 31 years service”. He states, in effect, that that he was on active duty from 30 December 1970 through 21 December 1982, that he was commissioned 9 May 1972 in Vietnam, obtained a four year degree from Pacific College in June 1977, education in the “Judge Advocate General’s Corps, School of Law” in June 1979, and was separated from the Army Reserve in June 2001 as a PVT having been reduced from an MSG/E-8. He signed the statement with a signature block showing himself as “J.D. Ph.D, Attorney at Law, ABA – Member , Practice May 7, 02, General Practitioner.”

Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve. It states in part that officers must meet the time in grade (TIG) and minimum education requirements as set forth in table 2-1 and 2-2 respectively.

Table 2-1 shows the requirements commissioned officers, for promotion from 2LT to 1LT as a minimum of 2 years (in the lower grade) and a maximum of 42 months; from 1LT to CPT, a minimum of 2 years and a maximum of 5 years; from CPT to MAJ, a minimum of 4 years and a maximum of 7; and from MAJ to LTC, a minimum of 4 years and a maximum of 7.

Table 2-2 list the military educational requirements for commissioned officers as from 2LT to 1LT, completion of a resident officer basic course; from 1LT to CPT, completion of a resident officer basic course; from CPT to MAJ completion of any officer advanced course; and from MAJ to LTC completion of 50% of the Command and General Staff Officers Course.

Paragraph 2-7 states to be eligible for selection; an Army National Guard (ARNGUS) or Reserve (U. S. Army Reserve) officer who otherwise meets the eligibility requirements must be properly in an active status and participating satisfactorily in Reserve training. For promotion purposes, an officer is deemed to be a satisfactory participant and in full compliance with the commander's instructions if, within the 12 months before the convene date of the board, the officer has not been reassigned, transferred, or separated as an unsatisfactory participant under AR 135-91, chapter 6.

Paragraph 2-8, sets forth the military educational requirements to qualify for selection as a commissioned officer (other than commissioned warrant officer) and states a candidate must complete the military educational requirements in table 2-2 not later than the day before the selection board convening date.

Army Regulation 135-155, chapter 3 pertains to the authority to convene mandatory promotion boards and special selection boards for promotion to CW3 through COL, and U. S. Army Reserve position vacancy boards for promotion to all authorized grades.

Army Regulation 140-158, sets forth the policies and procedures for enlisted personnel classifications, promotions, and reductions. Chapter 3 relates to promotions of soldiers assigned to Troop Program Units.

Army Regulations in the 310 series relate to procedures for military publications.

Army Regulation 600-8-29, prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the active duty list. This regulation supersedes AR 624-100, 21 August 1989. Officers covered by this regulation are those commissioned in the Regular Army. Paragraph 1-10, sets forth the promotion eligibility requirements that include for an officer to be considered by a selection board, an officer must be on the active duty list on the day the board convenes.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. The Board notes that the applicant was on active duty at the time of the 1973 fire. As such his records would not have been among those lost in the fire.

2. The Board finds that the applicant’s records are in a very disorganized state. There are several documents that offer conflicting dates or information. These questionable documents occur not only in the documents submitted in conjunction with this application but also in his OMPF. A noted example is that the applicant is shown to be executing his Oath of Office, as a 2LT, in Washington, D.C. at the same time as attending the Special Forces Training And Long Range Patrol Course, in Nha Trang, Vietnam.

3. Other than questionable documents submitted by the applicant, there is no documentation that the applicant was ever commissioned or served as a commissioned officer in either the Regular Army, the Reserve, or the National Guard. Since the documents submitted by the applicant are fraught with errors, and the Board cannot verify any of them, correcting the records to show that he held a commission is not warranted.

4. The applicant has submitted no evidence of an error or injustice in his command’s decision to reduce him to E-1 or to discharge him for fraud for wearing unauthorized awards and badges. Therefore, restoration of his rank is not warranted.

5. The applicant has submitted no verifiable evidence to support his contention that he completed 20 years on active duty or had at least 20 qualifying years in the Army Reserve. Therefore, entitlement to a military retirement is not warranted.

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 any of applicant's requests.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.


BOARD VOTE:

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

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INDEX

CASE ID	AR2002082409
SUFFIX
RECON
DATE BOARDED	20030821
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107 Awards
2.	145 discharge upgrade
3.
4.
5.
6.