BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100021869
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 previous request for correction of his records to show his temporary duty (TDY) assignment in Pleu Ku, South Vietnam from October 1968 through August 1969. He also requests that his records be corrected to show he served with the 1st Air Cavalry in military occupational specialty (MOS) 11B2O (Light Weapons Infantryman).
2. The applicant states this information is not recorded in his record or on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides:
* a self-authored letter to the Army Review Boards Agency (ARBA)
* a letter from the Chief, Awards and Decorations Branch
* a self-authored letter to the Chief, Awards and Decorations Branch
* a letter from the Department of Veterans Affairs (VA)
* VA Progress Notes
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 AR20100000916, on 8 July 2010.
2. The applicant now provides new evidence in support of his previous request that require reconsideration.
3. The applicant was inducted into the Army on 12 October 1967. He completed training and was awarded MOS 71H2O (Personnel Specialist). He arrived in Germany on 10 December 1968 and was assigned to Troop K, 3rd Squadron, 2nd Armored Cavalry Regiment.
4. He was assigned duties in MOS 11B2O on 13 December 1968. He was reassigned duties in his awarded MOS 71H2O on 20 March 1969.
5. On 13 September 1969, the applicant departed Germany en-route to the U.S.
6. He was honorably released from active duty (REFRAD) as an overseas returnee on 14 September 1969. Item 12 (Last Duty Assignment and Major Command) on the DD Form 214 he received shows Troop K, 3rd Squadron, 2nd Armored Cavalry, U.S. Army Europe (USAREUR). Item 22c (Foreign and/or Sea Service) shows his foreign service was in USAREUR and item 23a (Specialty Number and Title) shows his MOS as 71H2O, Personnel Specialist.
7. A review of the available record does not show the applicant was ever TDY in Pleu Ku, South Vietnam. His DA Form 20 (Enlisted Qualification Record) shows MOS 11B. However, the entry is lined through and MOS 71H2O is shown as his primary MOS.
8. On 8 July 2010, the ABCMR denied the applicants request for correction of his DD Form 214 to show his TDY assignment in South Vietnam from October 1968 through August 1969.
9. The applicant submits a self-authored letter to ARBA, stating he completed the forms that show he was with the 1st Air Cavalry and that he was submitting a Buddy Letter. In his letter to the Chief, Awards and Decorations Branch, he stated he completed forms and he requested that another individual write a Buddy Letter. He submits a letter from the VA notifying him that he was being considered for admission to the residential component of the Stress Treatment Program at Bay Pines VA Medical Center. He submits VA Progress Notes showing he was diagnosed with post traumatic stress disorder and alcohol dependency, in early remission.
10. The forms and the Buddy Letter that the applicant speaks of in his supporting documents are not attached to his Application for Correction of Military Records (DD Form 149).
11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The DD Form 214 provides a brief, clear-cut record of active duty service and will be prepared for all personnel at the time of their retirement, discharge, or REFRAD. The regulation in effect at the time states the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. It also states the primary MOS would be entered in item 23a.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting documents have been considered.
2. Although his DA Form 20 contains an MOS 11B entry it is lined through and MOS 71H2O was entered as his primary MOS. Therefore, MOS 11B2O should not be shown on his DD Form 214.
3. There is no evidence in his record, nor has he provided sufficient evidence, showing he was assigned to the 1st Air Cavalry or that he was TDY in Pleu Ku, South Vietnam. This information should also not be included on his DD Form 214.
4. In view of the foregoing, his requests should be denied.
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 AR20100000916, dated 8 July 2010.
_______ _ x_______ ___
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) AR20090005994
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ABCMR Record of Proceedings (cont) AR20100021869
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