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ARMY | BCMR | CY2003 | 2003085487C070212
Original file (2003085487C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 June 2003
         DOCKET NUMBER: AR2003085487

         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. Luis Almodova Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern, III Member
Ms. Karen A. Heinz 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: In effect, that the military occupational specialty (MOS) shown on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed from 64B, Heavy Vehicle Driver, to 11B, Light Weapons Infantryman.

APPLICANT STATES: In effect, by attaching a copy of a response to the Rating Decision rendered by the Department of Veterans Affairs (VA) dated 11 July 2002 as his argument to support his request, that he has never driven a truck in his life. He follows this statement with a brief narrative history of his service in the Army.

The applicant submitted a copy of the following documents in support of his request for the change of MOS in Block 23a (Specialty Number & Title) of his DD Form 214: a copy of his DD Form 214 with an effective date, 7 February 1969; a copy of his response to the Rating Decision made by the VA; DA Form 2890, Advanced Individual Training Proficiency Report; a copy of a DA Form 613, Checklist for Preparation of Replacement for Overseas Movement; a copy of General Orders Number 3910, Award of the Purple Heart, published by the 25th Infantry Division, dated 4 October 1967; a copy of Unit Orders Number 75 which promotes the applicant to the rank and pay grade of Specialist Four, E-4, published by Headquarters and Headquarters Company, 4th Battalion (Mechanized), 23rd Infantry, dated 20 December 1967; a copy of Special Orders Number 155, published by Headquarters, 25th Infantry Division, dated 3 June 1968, which reassigns the applicant from Vietnam to Fort Hood, Texas, at the completion of his overseas tour; a copy of his DA Form 137, Installation Clearance Record, dated 7 July 1968; a copy of a letter from the Sergeant Major of The Army, dated 20 June 1968, concerning the applicant's assignment status; a copy of Special Orders 217, published by Headquarters, Fort Hamilton, New York, dated 17 October 1968, which promotes the applicant to the rank and pay grade, Specialist Five, E-5; a copy of Special Orders 217, Headquarters, Fort Hamilton, Brooklyn, New York, dated 17 October 1968, which awards the applicant the primary MOS 64B20 and the secondary MOS 11B20, effectively withdrawing the MOS 11B20 as his primary MOS; and a copy of a Letter of Appreciation addressed to the applicant on his departure from the Motor Pool at Fort Hamilton, New York, on his return to civilian life at the end of his military service.

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

The applicant was inducted into the Army of the United States for 2 years on 9 February 1967. He successfully completed basic combat training at Fort Jackson, South Carolina, and was assigned to Fort Polk, Louisiana, to attend advanced individual training in MOS 11B, Light Weapons Infantryman.


On 16 June 1967, the applicant was awarded MOS 11B and was reassigned to Vietnam as his first duty station. He served in the Republic of Vietnam from 17 July 1967 through 12 July 1968. The applicant served in the duty MOS 11B10 throughout his tour in Vietnam; but, the duty title entered in Item 38, (Record of Assignments) of his DA Form 20, Enlisted Qualification Record, shows that effective 24 March 1968, he was assigned principal duty as a Light Truck Driver.

On 17 October 1968, the applicant was promoted to Specialist Five, E-5, in the MOS 64B. This same date, the applicant's primary MOS 11B was withdrawn and was awarded as his secondary MOS. The MOS 64B was awarded as his primary MOS. This MOS action was announced in Special Orders 217, paragraph 10, published by Headquarters, Fort Hamilton. The applicant's DA Form 20 shows that he served as a Light Vehicle Driver from 24 March 1968 until the date of his separation.

On 7 February 1969, the applicant was honorably released from active duty, under the provisions of Army Regulation 635-200, by reason of expiration of term of service (ETS), with 1 year, 11 months, and 29 days active Federal military service.

The applicant's DD Form 214 shows in block 23a (Specialty Number and Title), that he held MOS 64B20 (Heavy Vehicle Driver) as his primary MOS on his separation date. The applicant signed the DD Form 214 on his release from active duty. Signature indicates the applicant reviewed the form and accepted the information as being correct to the best of his knowledge.

Army Regulation 635-5 (Separation Documents) prescribes the documents that must be prepared for solders on retirement, discharge, and release from active duty or control of the Army. It establishes standardized policy for the preparation and distribution of the DD Form 214. This regulation states that for enlisted personnel the title and five-character MOS code will be entered in block 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 Board considered the applicant’s contention that the MOS 11B should have been entered in Block 23a of his DD Form 214.

2. The evidence shows that the applicant was assigned duties as a Light Vehicle Driver on 24 March 1968, albeit the duty MOS recorded is incorrect.


3. The evidence further shows that the applicant was later promoted to the rank and pay grade Specialist Five, E-5, as a Heavy Truck Driver, MOS 64B20. This was the MOS he held on his release from active duty and was correctly applied to Block 23a of his DD Form 214 on his release from active duty.

4. The applicant signed the properly completed DD Form 214 on his release from active duty. By entering his signature, the applicant has indicated that he reviewed the form and accepted the information as being correct to the best of his knowledge.

5. 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

__aao___ __tbr___ __kah___ DENY APPLICATION



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




INDEX

CASE ID AR2003085487
SUFFIX
RECON
DATE BOARDED 20030605
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.0000
2. 100.0500
3.
4.
5.
6.



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