Mr. Carl W. S. Chun | Director | |
Ms. Deyon D. Battle | Analyst |
Mr. Arthur A. Omartian | Chairperson | ||
Mr. Thomas B. Redfern | Member | ||
Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: That his Report of Transfer or Discharge (DD Form 214) be corrected to show his military occupational specialty (MOS) as assistant gunner.
APPLICANT STATES: That when he arrived in Vietnam he was assigned as a wireman (36K20); however, it quickly changed to assistant gunner for 105 howitzers with the 4th/42nd Artillery. He states that prior to his commanding officer being killed in action, he told him that he had changed his MOS and apparently the papers never made it to the correct hands. He states that he has been trying for 2 years to get his DD Form 214 changed, as his MOS had a definite effect on his pay grade at the time of his discharge. In support of his application he submits a letter from an individual dated 22 July 2001, who contends that he served with him and that he saw active combat. He also submits pictures of himself while he was in the Army.
EVIDENCE OF RECORD: The applicant's military records show:
On 14 October 1966, he enlisted in the Army in Chicago, Illinois for 3 years in the pay grade of E-1. He successfully completed his training as a field wireman.
On 18 July 1967, he was transferred to Vietnam. He remained in Vietnam for 11 months and 29 days and he returned to the Continental United States on 27 August 1968.
He was honorably discharged on 13 October 1969. He had completed 3 years of total active service.
A review of the available records fails to show that the applicant ever performed duties of an assistant gunner while he was in the Army.
Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It states, in pertinent part, that only those MOSs in which an individual served for 1 year or more, will be included on a 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. 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 the aforementioned requirement.
2. The Board has noted the applicant’s contentions and the letter that he submitted in support of his appeal. However, there is no evidence of record to show that he performed the duties of an assistant gunner for 1 year or more as required by applicable law and regulation.
3. He records clearly shows that he performed the duties and was assigned in a field wireman MOS. Therefore, his DD Form 214 is correct as currently reflected.
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
__tbr____ __kh____ ___ao___ DENY APPLICATION
CASE ID | AR2003083625 |
SUFFIX | |
RECON | |
DATE BOARDED | 2003/06/05 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. 189 | 110.0000 |
2. | |
3. | |
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6. |
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