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ARMY | BCMR | CY2002 | 2002067888C070402
Original file (2002067888C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2002067888

         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Ms. Barbara J. Ellis Member
Mr. Thomas Lanyi 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: In effect, that his report of separation (DD Form 214) be corrected to reflect that he completed his General Educational Development (GED) and that he had experience as a company clerk and heavy equipment operator.

APPLICANT STATES: That his GED and experiences were not listed on his DD Form 214 at the time of his separation and should have been.

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

He enlisted in Detroit, Michigan on 17 April 1980, for a period of 3 years, training as an infantryman and assignment to Fort Ord, California. He successfully completed his training and was transferred to Fort Ord for duty as a rifleman.

His records show that he performed duties as a clerk typist for 5 months; however; there is no indication that he was ever awarded the military occupational specialty (MOS) of a clerk typist.

His records show that up until the date he was released from active duty (REFRAD), he had not completed his GED. His records show no indication that he was granted a GED by any State, Department of Education, nor is there any indication that he performed the duties of a heavy equipment operator or was awarded such a MOS.

On 15 April 1983, he was honorably REFRAD in the pay grade of E-3 on the expiration of his term of service and was transferred to the United States Army Reserve Control Group (Reinforcement). He had served 2 years, 11 months and 29 days of total active service.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will reflect information as it exists at the time of separation and will not be corrected to reflect events or information that occurs after the effective date of separation. In item 11 (Primary Specialty Number, Title and Years and Months in Specialty, additional specialties other than the primary MOS, will be entered only if awarded the MOS and has performed the duties of the MOS for a period of at least 1 year.

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 has not provided and the evidence of record does not contain any evidence to show that he completed his GED. Accordingly there is no basis to grant that portion of his request.

3. Likewise, there is no evidence that he was awarded the MOS of either a clerk typist or a heavy equipment operator. Therefore, there is no basis to add them to his DD Form 214.

4. 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

__jlp____ __be ____ ___tl ___ DENY APPLICATION



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




INDEX

CASE ID AR2002067888
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/05/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/CORR 214
2.
3.
4.
5.
6.


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