RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 October 2005
	DOCKET NUMBER:  AR20050000876 


	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. Prevolia A. Harper

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. James B. Gunlicks

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of the schools he attended. 

2.  The applicant states, in effect, that he attended the Infantry School and the 
Air Assault School at Fort Benning, Georgia.  He also states that he completed the Recondo Course [rigorous training in small unit tactics including patrolling and reconnaissance] at Fort Campbell, Kentucky and was an “EIB” (Expert Infantryman Badge) “graduate,” at Fort Carson, Colorado.  The applicant also maintains that he was trained in the United States Army Reserve (USAR) as an Interior Electrician.  The applicant further states that he paid his GI Bill (Montgomery GI Bill (MGIB) in full but did not get to use it because his active duty service did not add up.

3.  The applicant explains he joined the Reserves in the military occupational specialty (MOS) 51R (Interior Electrician).  He further explains that upon his entry on active duty, his MOS was changed to 11B (Infantryman).  He continues that he became partially disabled at Fort Benning and is now 100 percent disabled, but only received a 10 percent disability rating from the Veterans Administration (VA).

4.  The applicant further states that he went through some very hard schools and he got out early due to cervical spine pain.  He notes that his DD Form 214 states that he was discharged for unsatisfactory performance instead of for medical reasons.

5.  The applicant provides no documentation in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 November 1989.  The application submitted in this case is dated 4 January 2005.

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 record shows that he enlisted in the Regular Army for a period of 4 years on 15 November 1988.  He was trained in, awarded and served in military occupational specialty (MOS) 11B (Infantryman) and the highest rank he attained while serving on active duty was private first class (E-3).

4.  The applicant’s DA Form 2-1 shows he served in the MOS 11B for the duration of his time on active duty.  Item 9 (Awards, Decorations & Campaigns) indicates that he earned the Army Service Ribbon, the Marksmanship Badge (Rifle), and Expert Marksmanship Badge (Grenade). 

5.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he completed the Interior Electrician Specialist Course (8 Weeks) in 1987.  It also shows he completed his General Education Diploma in 1988 and completed 
13 weeks of training for the MOS 11B Infantryman.  

6.  The applicant’s record shows that his commander initiated elimination action under provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  The applicant was discharged on 28 November 1989 after completing 1 year and 14 days of service.  His DD Form 214 shows he was discharged for unsatisfactory performance. He received an RE-3 reenlistment code for this period of service.

7.  The applicant’s record contains a certificate which shows he completed the Air Assault School at Fort Benning, Georgia on 23 August 1989.  A DA Form 
2-1 prepared on 15 March 1995 shows the applicant completed the Air Assault School in 1989.  There is no mention of a Recondo Course on this record or other documents contained in his military personnel file.

8.  There are no orders or other evidence in the available records which show the applicant completed the necessary requirements and was awarded the EIB.

9.  The Education and Training section of the VA booklet describes the four categories of eligibility for the MGIB.  To be eligible under Category 1, veterans must (1) have entered active duty for the first time after 30 June 1985; (2) not have declined the MGIB in writing upon entry onto active duty; and (3) have had their military pay reduced by $100 a month for the first 12 months of active duty.  Veterans can use the MGIB benefit after completing three continuous years of active duty, or after only two years of continuous active duty if they first signed up for less than three years of active duty or have an obligation to serve four years in the Selected Reserve and enter the Selected Reserve within one year of release from active duty.


10.  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.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

11.  Army Regulation 635-5 states that the instructions for completing item 14 of the DD Form 214 are to enter in-service training courses successfully completed during the period of service covered by the DD Form 214.

12.  Army Regulation 600-8-22 prescribes Army policy and procedures for awards, and Paragraph 8-8 provides for award of the Expert Infantryman Badge. Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a soldier must be in an active Army status and must have an infantry or Special Forces specialty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record shows that he completed the Infantryman School and the Air Assault School.  Therefore, item 14 of his DD Form 214 should be corrected to show he completed training for these schools.

2.  The applicant completed 8 weeks of training for the Interior Electrician Course as a member of the United States Army Reserve (USAR).  Only training and schools attended while on active duty are required on the DD Form 214.  The applicant’s USAR records should reflect this training.  Therefore, this training would not be shown on his DD Form 214 for this period. 

3.  The applicant’s record contains no evidence that he completed the Recondo Course.  Therefore, there is insufficient evidence upon which to base correcting his records to show he completed this course.

4.  There is no evidence in the available records which show the applicant completed the requirements for award of the EIB.  Therefore, there is no basis for correcting his record to show this award.



5.  The applicant is advised that it is not within the purview of the ABCMR to grant medical or educational benefits administered by the Department of Veterans Affairs (DVA).  Claims of entitlements to DVA medical benefits should be made to that agency in accordance with its governing laws and regulations.  The applicant should also contact his servicing DVA office for clarification of his entitlement to educational benefits. 

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 July 1970.  Therefore, the time for him to file request for correction of any error or injustice expired on 21 July 1973.  He failed to file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

7.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JTM __  __JBG __  __JRM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show training for Interior Electrician, Recondo Course, and EIB training.




2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he attended the Air Assault School and completed 13 weeks training for the 
MOS 11B (Infantryman).





_____ John T. Meixell _____
          CHAIRPERSON




INDEX

CASE ID
AR20050000876
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051020
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
, DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.