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ARMY | BCMR | CY2004 | 20040007129C070208
Original file (20040007129C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 February 2005
      DOCKET NUMBER:  AR20040007129


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 that item 14 (Military Education) his DD Form
214 (Certificate of Release or Discharge from Active Duty) be corrected to
show he completed basic training; advanced individual training in military
occupational specialty 12B; the nuclear, biological, and chemical (NBC)
school course; track vehicle training; the Noncommissioned Officer Academy;
general medical orientation; and operating room specialist course.

2.  The applicant makes no additional statement.

3.  The applicant provides a DD Form 4/2 (Enlistment/Reenlistment Document
Armed Forces of the United States) dated 18 June 1985 and a letter dated
    14 March 2000.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on    6 April 2000, when his DD Form 214 was previously corrected.
 The application submitted in this case is dated 31 May 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant had prior service in the U. S. Army Reserve (for which he
received a DD Form 214 for the period ending 31 October 1985) and the
Regular Army (for which he received a DD Form 214 for the period ending 21
July 1992). He enlisted in the Army National Guard on 29 July 1993 and
received a DD Form 214 for active duty for the period 11 February 1994
through 11 May 1994.  He was honorably separated from the Army National
Guard on 28 July 1996.

4.  On 6 April 2000, the applicant's DD Form 214 for the period ending 21
July 1992 was administratively corrected by adding the Combat Engineer
course.  His DD Form 214 for the period ending 11 May 1994 was
administratively corrected by adding the Combat Engineer course, Tracked
Vehicle Operation Training, General Medical Orientation, and Operating Room
Specialist.

5.  A review of the applicant's records further revealed an Academic
Evaluation Report showing he completed the 4-week Primary Leadership
Development Course in 1991.

6.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the soldier’s most recent period of continuous
active duty.  The instructions for the completion of item 14 (in effect for
all of the DD Forms 214 received by the applicant) were to enter all in-
service training courses successfully completed during the period of
service covered by the DD Form 214.  The purpose of the item was to assist
the Soldier in obtaining civilian employment.  Since basic training taught
primarily combat and military skills, it was not entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 11 May 1994 has
already been administratively corrected by adding the Combat Engineer
course, Tracked Vehicle Operation Training, General Medical Orientation,
and Operating Room Specialist.  He will be provided a copy of this
correction and the correction made to his DD Form 214 for the period ending
21 July 1992.

2.  Evidence of record shows the applicant completed the Primary Leadership
Development Course in 1991.  This course should be added to his DD Form 214
for the period ending 21 July 1992.

3.  There was no evidence of record and the applicant provided none to show
he completed an NBC course and basic training is not an authorized entry on
the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mhm___  __lmb___  __ljo___  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 and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 for the
period ending 21 July 1992 be amended to show the individual concerned
completed the 4-week Primary Leadership Development Course in 1996.

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
adding basic training and an NBC course to his DD Form 214.




            __Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007129                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050203                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.07                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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