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ARMY | BCMR | CY2002 | 2002067585C070402
Original file (2002067585C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 09 APRIL 2002
         DOCKET NUMBER: AR2002067585

         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Mr. Donald P. Hupman, Jr. 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: That his records be corrected by changing his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 11 (Primary Specialty) that he was awarded the Military Occupational Specialty (MOS) 11B.

APPLICANT STATES: That he graduated from basic and advanced individual training and earned the MOS 11B, and his DD Form 214 should reflect that. In support of his request the applicant submits a copy of his DD Form 214, the orders awarding him MOS 11B, and a copy of his diploma from the U.S. Army Infantry School.

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

He enlisted in the Regular Army on 13 April 2001 for a period of 4 years. He successfully completed basic and advanced individual training as an infantryman.

On 13 September 2001, the applicant’s commander notified him that he was initiating action to separate him from military service prior to his expiration term of service, with an uncharacterized entry level separation. The reason for the separation was the applicant’s inability to adapt socially or emotionally to military life. The applicant acknowledged his commander’s actions and waived his right to legal counsel, declined a separation physical examination, and elected not to submit statements in his own behalf.

On 21 September 2001, he was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct. The applicant’s DD Form 214 indicates he had 5 months and 9 days of active service.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that item 11 (Primary Specialty) will contain the title of all MOS’s served for at least 1 year, and will include the number of years and months served, not counting basic and advanced individual training.

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 applicant served on active duty for 5 months and 9 days, and served in MOS 11B from 10 August 2001 until his separation on 21 September 2001, approximately 43 days. The requirement for listing a primary specialty in item
11 of the DD Form 214, is 1 year. The applicant served in MOS 11B for less than 2 months, thereby making it unauthorized for inclusion on his DD Form 214.


2. 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 to show that there was an error or injustice in this case.

3. 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

__RVO __ __RJW__ __DPH__ DENY APPLICATION




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




INDEX

CASE ID AR2002067585
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020409
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. 131.00
2.
3.
4.
5.
6.


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