MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 16 October 2003
                  DOCKET NUMBER: AR2003089198

         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry		Member
Ms. Mae M. Bullock		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: Correction of his DD Form 214 (Report of Separation from Active Duty) to show he had completed continuous service from 18 March 1973 through 25 January 1978. He also requests correction of item 17a (Secondary Specialty Number and Title) to show the military occupational specialty (MOS) 11B10 (Combat Infantryman) and correction of item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the National Defense Service Medal, the Expert Infantryman Badge, the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and with Pistol Bar (.45 Caliber), and two awards of the Army Commendation Medal.

APPLICANT STATES: That he transferred from the 2nd Battalion, 16th Infantry to the 1st Battalion, 18th Infantry as a small arms specialist and his primary MOS was 11B10. He also states that he reenlisted for MOS 71F10 (Postal Clerk), graduated on 18 November 1975, and was assigned to the 65th Adjutant General Detachment in Germany. He claims that his primary MOS was 71F and his secondary MOS was 11B. He contends that he should have one DD Form 214 reflecting service from 18 March 1973 to 25 January 1978. He also states, in effect, that item 26 on his discharge document should reflect all of his awards.

In support of his application, the applicant submitted a DD Form 214 for the period ending 14 January 1975; a DD Form 215 (Correction to DD Form 214), dated 19 January 1994; a DD Form 214 for the period ending 25 January 1978; a diploma from the U.S. Army Institute of Administration at Fort Benjamin Harrison, Indiana, dated 18 November 1975; and a letter from the Headquarters, United States Army Military Personnel Center, Europe, dated 9 January 1978.

EVIDENCE OF RECORD: The applicant's military records from his Regular Army service are not available.

The applicant enlisted in the Regular Army on 16 March 1973 and was discharged on 14 January 1975 for immediate reenlistment. He was issued a DD Form 214 for this period of service.

His DD Form 214, with an ending date of 14 January 1975, shows entitlement to the National Defense Service Medal in item 26. This discharge document also shows the entries "94B20 Cook 730713 PMOS NONE Dec 74" in item 16a (Primary Specialty Number and Title) and the entry "DNA" in item 17a.

The applicant reenlisted on 15 January 1975.

The applicant provided a copy of a diploma, dated 18 November 1975 which shows he successfully completed the Interservice Postal Operations Course.

The applicant was awarded the Good Conduct Medal for the period 16 March 1973 through 15 March 1976 by Headquarters, United States Army, Europe and Seventh Army General Orders Number 3868, dated 24 May 1976.

A letter from the Headquarters, United States Army Military Personnel Center, Europe, Subject: Transmittal of Award, dated 9 January 1978 shows that items pertaining to the award of the Army Commendation Medal were forwarded for presentation and inclusion in his Military Personnel Records Jacket. The items listed on this document included the Citation/Certificate, the "Medal/ Oak Leaf Cluster," and Permanent Orders 156-3, dated 18 November 1977. However, the orders, citation, and certificate are not present in his personnel records.

The applicant was released from active duty on 25 January 1978 and was issued a DD Form 214 for this period of service.

His DD Form 214 with an ending date of 25 January 1978 is of poor quality and appears to show entitlement to the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the National Defense Service Medal, and the Army Commendation Medal in item 26.

A DD Form 215, dated 19 January 1994, amended the following items on the applicant's DD Form 214 with an ending date of 14 January 1975:

a. Item 16A – Deleted the entry "94B20 COOK 730713 PMOS NONE DEC 74";

b. Item 16A – Added the entry "94B20 COOK 730713"; and

c. Item 17A – Added the entry "11B20 (COMBAT INFANTRYMAN)// NOTHING FOLLOWS."

Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The version in effect at the time stated, in pertinent part, that a DD Form 214 would be issued to all personnel at the time of discharge or release from active duty.

Army Regulation 635-5, in effect at the time, provided that the secondary MOS code, title, and date of award would be entered in item 17a on the DD Form 214. The evaluation score for the secondary MOS is not required.

Army Regulation 635-5, in effect at the time, provided that the primary MOS code, title, and date of award would be entered in item 16a on the DD Form 214. For enlisted personnel, the primary MOS evaluation score and date of score would also be entered.

Army Regulation 635-5, in effect at the time, provided that decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service would be entered in item 26 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. 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.

2. The applicant served on active duty from 16 March 1973 through 14 January 1975. He was discharged on 14 January 1975, even though for the purpose of immediate reenlistment, and was therefore properly issued a DD Form 214 which reflects this period of service. At that time, he had only been awarded the National Defense Service Medal. He had not yet been awarded MOS 71F.

3. The applicant reenlisted on 15 January 1975 and remained on active duty until he was released from active duty on 25 January 1978. The Board notes that the applicant was properly issued a second DD Form 214 which reflects this period of service.

4. Based on regulatory guidance, a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. Therefore, there is insufficient basis for correcting his DD Form 214 to show continuous service from 18 March 1973 through 25 January 1978.

5. The Board notes that the applicant's DD Form 214 with an ending date of 14 January 1975 was amended in January 1994 to show his secondary MOS as 11B in item 17a. Therefore, there is no basis for granting this portion of the applicant's request.

6. The Board notes the applicant appears to contend that he did not hold primary MOS 94B at the time he separated on 14 January 1975. In the absence of his Regular Army records, the Board presumes administrative regularity. Therefore, there is insufficient basis in which to delete the entry 94B from item 16a on his DD Form 214 for the period ending 14 January 1975.

7. The Board also notes that the National Defense Service Medal is already shown on both of the applicant's DD Forms 214.

8. The applicant's DD Form 214 with an ending date of 25 January 1978 shows the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and one award of the Army Commendation Medal. The Board notes that these awards were awarded to the applicant during his second period of service. Therefore, these awards are correctly shown on his DD Form 214 with an ending date of 25 January 1978.

9. There is no evidence of record which shows the applicant qualified as Expert with .45 caliber pistol. Therefore, there is insufficient basis to correct his DD Form 214 to show the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

10. There is no evidence of record available to the Board which shows the applicant was awarded the Expert Infantryman Badge. Therefore, there is insufficient basis to correct his records to show this badge.

11. The Board notes the letter dated 9 January 1978; however, it is unclear as to whether the applicant received the basic award of the Army Commendation Medal or the Army Commendation Medal (First Oak Leaf Cluster). In the absence of orders, the Board presumes administrative regularity. Therefore, there is insufficient basis upon which to correct his records to show two awards of the Army Commendation Medal.

12. 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____ HOF_____ MMB____ DENY APPLICATION

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

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INDEX

CASE ID	AR2003089198
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031016
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.