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ARMY | BCMR | CY2004 | 04106495C070208
Original file (04106495C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 DECEMBER 2004
      DOCKET NUMBER:  AR2004106495


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Semma Salter                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her separation document be
corrected to show that she served on active duty in 1980 or 1981, that she
was a Specialist (E-4), and that her specialty was 91B (medical).  She also
notes that she qualified as a marksman with the M-16 rifle.

2.  The applicant states that her separation document does not reflect the
accurate time she spent on active duty, denies that she changed her
specialty from 71L (administrative) to 91B, does not reflect that she was a
Specialist (E-4) at the time of discharge, and omits her qualification as a
marksman with the M-16 rifle.

3.  The applicant provides no evidence in support of her request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant was a United
States Army Reserve Soldier when she entered active duty on 14 September
1979 to undergo basic and advanced individual training under IADT (Initial
Active Duty for Training).

2.  Although her records do not contain any order reflecting qualification
as a marksman with the M-16 rifle, item 9 (Awards, Decorations & Citations)
on her Department of the Army Form 2-1 (Personnel Qualification Record)
does reflect that she qualified as a marksman with the M-16 rifle on 17
October 1979 while undergoing basic training.

3.  On 19 January 1980, following completion of training, including an 8
week administrative specialist school resulting in award of specialty 71L,
the applicant was released from active duty and returned to her United
States Army Reserve unit.  Her separation document reflects that she was
separated in pay grade E-1.

4.  On 3 February 1981 the applicant was promoted to pay grade E-4.

5.  In January 1982 the applicant was ordered to active duty for 41 days to
undergo training as a 91B (basic medical specialist).  She was awarded
specialty 91B on 26 February 1982.

6.  Army Regulation 635-5, then in effect, established the policies and
provisions for the preparation and distribution of separation documents.
It noted that a Department of Defense Form 214 (Certificate of Release or
Discharge from Active Duty) was prepared for members of the United States
Army Reserve after completing 90 days or more of continuous active duty,
when discharged for physical disability, after completing initial active
duty for training which resulted in the award of a military specialty, and
from a special active duty training program tour (i.e., tours for projects
relating to Reserve Component programs that require Reserve Component
expertise, such as unit conversions to new weapons systems).

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s file does not contain orders confirming that
she qualified as a marksman with the M-16 rifle, the entry on her Personnel
Qualification Record is sufficient to conclude that the applicant qualified
as a marksman with the M-16 rifle while undergoing basic training.  It
would be appropriate, and in the interest of justice and equity, to correct
her records accordingly.

2.  Although the applicant may have served on active duty for a brief
period after her initial entry training, been promoted to pay grade E-4,
and retrained in another specialty, there were no provisions for issuing a
separation document to reflect those events.  Her period of active duty in
1982 was for less than 90 days, and her new specialty was not the result of
initial active duty for training.  As such there were no provisions for
issuing a new Department of Defense Form 214.

3.  The applicant’s promotion to pay grade E-4 also occurred after
completion of her initial entry training and as such would not have been
reflected on that separation document.

4.  With the exception of omission of her weapons qualification, the
applicant’s January 1980 separation document reflects information
appropriate at the time of her release from active duty following
completion of her initial entry training.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___FE __  __PS _ __  ___SS __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing that she qualified as a marksman with the
M-16 rifle.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing an additional period of active duty, promotion to pay grade E-4,
and reclassification to specialty 91B.





                                  _____  Fred Eichorn________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106495                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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