IN THE CASE OF:	  

		BOARD DATE:	        30 OCTOBER 2008

		DOCKET NUMBER:  AR20080010816 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his denial to correct his record to change his military occupational specialty (MOS) to show he performed duties as a gunner in the Republic of Vietnam (RVN).  The applicant expands his original request to include changing his MOS for his service in France also.  The applicant's request was submitted through his member of congress.

2.  The applicant states, in effect, that he arrived in France via the USS Geiger and was stationed there from January – May 1964.  He contends the Army has no record of his service in France on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also contends that he requested to participate in "action" in the RVN and his MOS was changed to infantry.  He contends that he cross-trained in demolitions.

3.  The applicant provides no new 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 AR20080000694, on 22 April 2008.

2.  The previous decision denied the applicant's request to change his MOS to infantry for his service in the RVN and awarded him the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and 2 bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  The decision also added the already-awarded Driver and Mechanic Badge, Expert Marksmanship Qualification Badge, with Rifle Bar 
(M-14), Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-1) and 2 Overseas Service Bars to his DD Form 214.  He was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) on 29 August 2008.

3.  As previously noted, the applicant's records show that he enlisted in the Regular Army for a period of 3 years on 24 May 1963.  He completed his basic combat and his advanced individual training and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).  The highest rank/pay grade he attained during his military service was specialist four (SP4)/E-4.  

4.  A review of the applicant's DA Form 24 (Service Record) shows on
10 February 1964, he departed New York, New York and arrived in Bremerhaven, Germany on 23 February 1964, for duty in France.  While in France he performed duties as a heavy vehicle driver with the 68th Transportation Company.  On 4 May 1964, the applicant departed Ingrandes, France and arrived in Mannheim, Germany on 6 May 1964.    

5.  On 3 January 1966, while in Germany, he was honorably discharged for the purpose of immediate reenlistment.  On 4 January 1966, he reenlisted in the Regular Army for a period of 3 years.  He was issued a separate DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) for this period of service.  This DD Form 214 correctly shows that he served in Europe (U.S. Army Europe (USAREUR) for a period of 1 year, 10 months, and 20 days.  Thereafter, he served in the RVN from 15 March 1966 through 9 March 1967.

6.  On 28 April 1967, at Fort Carson, Colorado, the applicant's immediate commander initiated a recommendation for his discharge because of unsuitability, under the provisions of Army Regulation 635-212 (Personnel Separations).  The immediate commander remarked that during the period 14 April 1967 to 4 May 1967, the applicant’s conduct was excellent but his efficiency was unsatisfactory.

7.  On 13 May 1967, the separation authority approved the applicant’s discharge for unsuitability, with a General Discharge Certificate.  Accordingly, the applicant was discharged on 29 May 1967.  He had completed 4 years and 6 days of creditable military service.  Item 11 of his DD Form 214 shows the entry, “64B2O Heavy Vehicle Driver.” 
8.  On 23 July 1991, the ABCMR approved the applicant’s petition for an upgrade of his discharge.  Accordingly, he was issued a new DD Form 214, showing he was honorably discharged on 29 May 1967, under Secretarial Authority.  

9.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed policies and procedures regarding the preparation of separation documents
(DD Forms 214 and 215).  In pertinent part, it directed that the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last oversea theater in which service was performed be entered in Item 24c.  Each entry is verified by the individual's service record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not provide any new evidence in support of his request for reconsideration of his previous denial to change his MOS in his official record for his period of service in the RVN.  Therefore, there is insufficient evidence to change the Board's previous decision regarding this issue.

2.  The applicant contends that his DD Form 214 did not show any of his service in France.  Contrary to his contentions, his DD Form 214, with an effective date of 3 January 1966, correctly shows that he served in USAREUR for a period of 
1 year, 10 months, and 20 days.  This period includes both his service in France and Germany.  His service in France is also recorded in his official record.  The applicant will be provided with a copy of his DD Form 214, with an effective date of 3 January 1966, and copies of his DA Form 24 for his information and use.  No change is required on his DD Form 214 because his foreign service was properly annotated in accordance with regulations at the time.

3.  The applicant's record shows that he performed duties as a heavy truck driver in France and Germany with the 68th Transportation Company.  There is no evidence that the applicant held the MOS of infantry in France.  Therefore, his MOS (64B) as listed on his DD Form 214, with an effective date of 3 January 1966, appears to be correct and requires no correction.

4.  Based on the above, there is no basis to grant the applicant's request.  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 did not submit any evidence that would satisfy this requirement.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented 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 AR20080000694, dated 22 April 2008




      _______ _ XXX  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080010816



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ABCMR Record of Proceedings (cont)                                         AR20080010816



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