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ARMY | BCMR | CY2002 | 2002076581C070215
Original file (2002076581C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002076581

         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Ms. Karen Y. Fletcher 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 completion of the Reserve Basic Noncommissioned Officer Course (BNCOC) be added to his separation document (DD Form 214).

APPLICANT STATES: In effect, that completion of Phase I and Phase II of the Reserve BNCOC should have been put on his DD Form 214.

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

At the time of his application he was serving on active duty as a sergeant/E-5 (SGT/E-5) at Fort Benning, Georgia. He also served on active duty from 22 June 1978 through 25 June 1981. The DD Form 214 issued to him for this period of service confirms that he was trained in, held, and served in military occupational specialty 11B (Infantryman). Item 14 (Military Education) contains an entry that verifies that during the period of active duty covered by the separation document, he completed the Primary Noncommissioned Officer Course (PNCOC), no other schools are listed in this document.

Subsequent to completing his active duty service, the applicant served in the United States Army Reserve (USAR) until 4 June 1995. During this period of USAR service he completed the Reserve Component (RC) BNCOC. A graduation certificate provided by the applicant confirms that he completed this course on 1 June 1985, at the Second Army Noncommissioned Officer Academy, Fort Gordon, Georgia.

The applicant was also issued two DD Forms 214 for the following periods of active duty he served while a member of the USAR: 5 June through
9 September 1995; and 6 January through 1 September 1996. In 1997, the applicant reentered the Regular Army and continues to serve in that status. He had not been issued a DD Form 214 since his reentry on active duty.

In connection with the processing of this case, an advisory opinion was requested and received from the Chief, Personnel Actions Branch, Enlisted Records and Evaluation Center (EREC), Indianapolis, Indiana. This official stated that since the applicant was issued the BNCOC certificate during his Reserve service, and not during any period of active duty service for which he was issued DD Form 214, the course would not be annotated on his
DD Forms 214. Finally, this official recommended that the applicant’s request be returned without action. On 14 August 2002, the applicant was provided a copy of this opinion in order to have the opportunity to reply. To date, he has failed to respond.


Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Paragraph 2-4 contains guidance on the preparation of the DD Form 214. The instructions for completing Item 14 (Military Education) state, in pertinent part, that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed. The regulation provides for no exception to enter RC Noncommissioned Officer Education System (NCOES) courses that were not completed during the period of service covered by the
DD Form 214.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1. The Board notes the applicant’s contention that completion of the RC BNCOC should have been put on his DD Form 214, but it finds insufficient evidence to support this claim.

2. By regulation, only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed. The evidence of record clearly shows that the applicant completed the RC BNCOC while serving in the USAR and not during a period of active duty service. Thus, the Board finds that the requested relief is not warranted.

3. The applicant is advised that he should contact local personnel officials in order to determine if his graduation certificate should be added to his Official Military Personnel File (OMPF) and on the applicability of his completion of this course on future personnel management decisions.

4. 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.

5. 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___ ___KYF__ DENY APPLICATION




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




INDEX

CASE ID AR2002076581
SUFFIX
RECON
DATE BOARDED 2002/09/26
TYPE OF DISCHARGE N/A
DATE OF DISCHARGE N/A
DISCHARGE AUTHORITY N/A
DISCHARGE REASON N/A
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2.
3.
4.
5.
6.



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