RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050003489


      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. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |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, in effect, correction of Item 11 (Primary
Specialty Number, Title and Years and Months in Specialty) of his
separation document (DD Form 214).

2.  The applicant states, in effect, that Item 11 of his separation
document contains the word "trainee" which is incorrect.  He also indicates
that the Department of Veteran Affairs (VA) interprets the word "trainee"
as active duty for training and as a result will not provide him any health
care benefits.  He finally states that he served on active duty for over 90
days and requires health care from the VA.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 November 1979.  The application submitted in this case is
dated 28 February 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 military records show that the applicant enlisted and entered
active duty at Fort Jackson, South Carolina on 27 July 1979.  He was
assigned to the
1st Infantry Training Brigade, Fort Benning, Georgia, to attend basic
combat training and advanced individual training.  On 5 October 1979, he
was reassigned to the Holdover Company, 1st Infantry Training Brigade.

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in
Item 17 (Civilian Education and Military Schools), that in 1979, the
applicant attended
12 weeks of training at the United States Infantry Training Center,
attending training in military occupational specialty "11B" (Infantryman).
The record confirms he did not complete this training.

5.  The applicant’s separation document (DD Form 214) shows he was
honorably discharged on 6 November 1979, under the provisions of paragraph
5-7, Army Regulation 635-200.  The reason for his separation was that he
did not meet medical procurement fitness standards.  The separation
document also shows that he completed a total of 3 months and 10 days of
active military service.

6.  Item 11 of the separation document contains the entry "11B00, Trainee,
00 years and 00 months", and the applicant authenticated the DD Form 214
with his signature in Item 21 (Signature of Member Being Separated).

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the active Army.  Chapter 2
of this regulation contains guidance on the preparation and distribution of
the DD Form 214.  Paragraph 2-4h(11) states, in pertinent part, that the
MOS tittles and number of years and months served in the MOS for those MOSs
in which a member served for at least 1 year in Item 11, and that this
information will be taken from the Personnel Qualification Record.  It
further states, in pertinent part, that time spent in basic training and
advanced individual training will not be counted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 11 of his separation document
should be corrected to delete the word "Trainee" has been carefully
considered.  However, the evidence of record confirms he did not complete
MOS training prior to his discharge from active duty, as evidenced by the
information contained on his
DA Form 2-1.  His DD Form 214 also confirms that he was honorably
discharged from the Army after completing just 3 months and 10 days of
active duty service because he did not meet procurement medical fitness
standards.  He authenticated this document with his signature at the time
of his discharge, in effect verifying that the information it contained, to
include the Item 11 entry, was correct at the time the document was
prepared and issued.

2.  By regulation, service performed during basic training and AIT will not
be reflected on the separation document.  Given that the applicant was
discharged from active duty while he was in AIT prior to completing his MOS
training, the current entry shown in Item 11 of his DD Form 214, including
the word "Trainee" is an accurate reflection of his status at the time of
his discharge.  Entitlement to VA medical benefits is not within the
purview of Board.  It is likely the short period of the time he served on
active duty, not the word trainee on his DD Form 214, is the reason he is
ineligible for VA medical benefits.  In either case, he should pursue the
issue of medical benefits through the VA.
3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 November 1979.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 5 November 1982.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JNS__  ___PHM_  __LJO __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

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.




            ____John N. Slone_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003489                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/11/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1979/11/06                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Did not meet procurement medical phys   |
|                        |stds                                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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