RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        09 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104734


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his separation document be corrected to
reflect that he was separated in pay grade E-4.  He also requests that his
records be corrected to show entitlement to the “Jungler [sic] Training
Patch” and the “Vietnam Training Patch.”

2.  The applicant is also, in effect, requesting reconsideration of
previous requests to show that he held a primary MOS (military occupational
specialty) of 11B10 (infantryman) and a secondary MOS of 11H10 (heavy anti-
armor weapons infantryman) and that he qualified in all of the infantry
weapons.

3.  The applicant states, in effect, that he spent a full year training as
infantryman and graduated as a professional infantryman.  He also states
that he trained for one week as a “TOW Gunner” and graduated with a “TOW
Gunner” diploma.  He states that the errors occurred because of
discrimination and that it was a “violation against” him.

4.  In Spanish he relates, in effect, that he was taking medication for his
problems and tried to get help and counseling, but was not successful.  He
relates that he was unable to solve his problems because of nerves and that
he can no longer get a good night’s sleep.  He states that he has been
discriminated against because of this and other problems.

5.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC96-
08422, on
29 January 1997, and in Docket Number AR1999025653, on 29 March 2000.

2.  The issues of his grade at separation and award of the Jungle Training
Patch and Vietnam Training Patch have not previously been considered by the
Board and as such, require review.

3.  The applicant entered active duty in pay grade E-1 and was promoted to
pay grade E-2 on 15 December 1977.  On 25 September 1978 he was promoted to
pay grade E-3.

4.  On 11 January 1979, as a result of punishment under Article 15 of the
Uniform Code of Military Justice for twice failing to go to his appointed
place of duty, the applicant was reduced to pay grade E-2.  His records
contain no evidence that he was promoted prior to his 19 July 1979
separation.

5.  Army Regulation 600-8-22, which provides information regarding military
awards and decorations, contains no information regarding either the Jungle
Training Patch or the Vietnam Training Patch.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which
shows that he was promoted to pay grade E-4 at any time during his military
service, or that he was promoted beyond pay grade E-2 after being reduced
to that grade in January 1979.  In the absence of such evidence, there is
no basis to correct his separation document.

2.  The applicant has also not provided any evidence that he was denied
promotion because of any medical problems or because of discrimination.

3.  There is no Jungle Training Patch or Vietnam Training Patch in the
Army’s inventory and as such, no basis to add such “patches” to the
applicant’s record.

4.  The applicant’s previous requests for additional qualification badges
and to have his separation document corrected to show that he held a
primary MOS of 11B and a secondary MOS of 11H were adequately address by
the Board during its original deliberations.  The applicant has provided no
evidence which indicates any error or injustice in those previous findings.

5.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___LS  __  ___LH   _  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice regarding the applicant requests to show he was
separated in pay grade E-4 or entitled to training patches.  Therefore, the
Board determined that the overall merits of this case are insufficient as a
basis for correction of the records of the individual concerned regarding
those issues.

2.  Additionally, the Board determined that the evidence presented
regarding the applicant’s request for corrections to his military specialty
and additional qualification badges does not demonstrate the existence of a
probable error or injustice.  Therefore, the Board determined that the
overall merits of this case are insufficient as a basis to amend the
decision of the ABCMR set forth in Docket Number Docket Number AC96-08422,
on 29 January 1997, and in Docket Number AR1999025653, on 29 March 2000.




                                  _____ Mark Manning_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004104734                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |131.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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