RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040011056


      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             |
|     |Mr. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 the 12 weeks of training he
spent at Fort Benning, Georgia be added to Item 25 (Education and Training
Completed) of his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) with an effective date of 2 May 1969.  The applicant
also requests that his expert marksmanship badges be added to Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of his DD Form 214.

2.  The applicant states, in effect, that he attended the Non-commissioned
Officer (NCO) Combat Leaders Course at Fort Benning.  He also states that
approximately 1 or 2 days prior to graduation he was transferred to Fort
Dix, New Jersey.  The applicant states that his records should reflect that
he completed the course.  The applicant also states that he was an expert
with an M14 and M16 rifle and it is not shown on his DD Form 214.

3.  The applicant provides no documentation or evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 2 May 1969, the date he was released from active duty.  The application
submitted in this case is dated 1 December 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 limitations 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's military records show he was inducted on 4 May 1967 for
a period of 2 years.  He successfully completed basic combat and advanced
individual training and was awarded the military occupational specialty
11B10 (light weapons infantryman).  The highest grade the applicant held
was staff sergeant/pay grade E-6.

4.  On 25 September 1967, the applicant was assigned to the United States
Army Infantry Center at Fort Benning to attend the NCO Combat Leaders
Course for 21 weeks.

5.  On 16 October 1967, the applicant requested a compassionate
reassignment to Fort Dix, New Jersey, upon completion of Phase I of the NCO
Combat (NCOC) course.

6.  On 30 October 1967, the commander of the student brigade recommended
approval of the applicant's request.  The commander stated that the
applicant would complete Phase I of the NCOC on or about 8 January 1968.
However, the commander also recommended that if the applicant's request was
approved, because graduates of the NCOC course are intended for combat
assignments, that he be disenrolled from the NCOC course at the earliest
date.

7.  The records do not contain the disposition of the applicant's request
for compassionate reassignment.

8.  The records do not contain the date of the applicant's disenrollment
from
the NCOC.

9.  On 11 December 1967, the applicant was assigned to U.S. Army Garrison
at Fort Dix, New Jersey with a report date of 16 December 1967.  The
applicant reported on 19 December 1967.

10.  The applicant's military records contain U.S. Army Training Center
Infantry, Fort Dix, New Jersey, Special Orders Number 12 (Extract), dated
20 January 1969 that stated the applicant qualified expert with the M14
rifle and was awarded the Expert Marksmanship Qualification Badge with
Rifle Bar on
15 January 1969.

11.  The records to not contain orders for expert qualification with the
M16 rifle.

12.  On 2 May 1969, the applicant was released from active duty and
transferred to the U.S. Army Reserve.

13.  Item 24 of the applicant's DD Form 214 does not show award of the
Expert Marksmanship Badge with Rifle Bar.

14.  Item 25 of the applicant's DD Form 214 does not show that the
applicant completed the NCO Combat Leaders Course.

15.  Army Regulation 635-5 (Separation Documents), then in effect,
established the standardized policy for preparing and distributing the DD
Form 214.  In pertinent part, it stated that all decorations, service
medals, campaign credits, and badges awarded or authorized will be entered
in Item 24.

16.  Army Regulation 635-5, then in effect, provided for entry of the
following in Item 25 of the DD Form 214: service schools, military
sponsored courses in civilian schools and colleges, installation training
courses, military correspondence courses and off-duty courses successfully
completed (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should reflect that he
completed the NCOC course at Fort Benning and that the course should be
added to Item 25 of his DD Form 214. The applicant also contends that his
expert marksmanship badge should be added to Item 24 of his DD Form 214.

2.  The applicant's military records show he qualified expert with the M14
rifle and was awarded the Expert Marksmanship Qualification Badge with
Rifle Bar.  Therefore, the applicant is entitled to correction of his DD
Form 214 to show award of the Expert Marksmanship Badge with Rifle Bar.

3.  There is no evidence of record and no evidence was submitted that
showed the applicant qualified expert with the M16 rifle.

4.  The evidence shows that the applicant was transferred to Fort Dix
approximately 4 weeks prior to completing the NCO Combat Leaders Course.
Therefore, it is reasonable to presume that the applicant's request for
compassionate reassignment was approved and, based on the commander of the
student brigade's recommendation, the applicant was disenrolled from the
NCOC course.

5.  It would not be equitable or just to correct the applicant's military
service records to show completion of a course in which he did not attend
the final
4 weeks of training.

6.  The regulation states that only those courses that are completed are
entered in Item 25 of the DD Form 214.  Therefore, the applicant is not
entitled to have the 12 weeks of training entered on his DD Form 214
because he did not complete the course.

7.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  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 all Department of the Army
records of the individual concerned be corrected by showing award of the
Expert Marksmanship Qualification Badge with Rifle Bar.

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
completion of the NCO
Combat Leaders Course and entering 12 weeks of training on the applicant's
DD Form 214.




                            __________Shirley L. Powell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011056                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050916                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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