RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 AUGUST 2006
      DOCKET NUMBER:  AR20050016150


      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. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 his 1991 separation document be corrected
to reflect completion of Noncommissioned Officer Development Course,
Primary Leadership Development Course, Hybrid Maintenance Course, Bus
Driver Course, and Fiber Optics Communications Course.  He also asks that
he be awarded the Driver and Mechanic Badge, which he refers to as the
Drivers Badge, and qualification as an expert with the M-16 rifle.

2.  The applicant states the errors were brought to his attention when he
used his separation document to attend college.  He states that he was
awarded the Driver and Mechanic Badge at Fort Riley, Kansas, but never
received orders and believes that he was wearing the weapon qualification
badge on his uniform showing qualification as an expert with the M-16 rifle
at the time he departed Germany.

3.  The applicant provides copies of his course completion certificates in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 May 1991.  The application submitted in this case is
dated
27 October 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.  Records available to the Board indicate the applicant entered active
duty on
9 September 1986 and was released from active duty with an honorable
characterization of service on 1 May 1991.

4.  Army Regulation 635-5, which establishes the policies and provisions
for the preparation and distribution of separation documents, notes that
item 14 (military education) will list formal in-service (full-time
attendance) training courses successfully completed during the period of
service covered by the separation document.  The title, length in weeks,
and year completed, will be included.  The information is to assist the
Soldier in job placement and counseling; therefore training courses for
combat skills are not included.

5.  Certificates provided by the applicant confirm that he successfully
completed a 4 week Primary Leadership Development Course in 1989, a 1 week
Bus Driver’s Course in 1990, a 2 week Noncommissioned Officer Development
Course in 1989, and a 1 week Operation, Maintenance, and Installation of
Fiber Optics Communications Set Course in 1989.  He also provides a
certificate noting completion of a 1 week C/300 Hybrid Maintenance course
although the year of completion is not reflected on his completion
certificate.  All of the courses were completed in Germany and none of the
courses were recorded on his separation document.  The applicant served in
Germany for approximately 28 months and was in Germany at the time of his
1991 separation.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Driver and Mechanic Badge.  To receive award, the
individual must qualify for and possess a U.S. Government Motor Vehicles
Operator’s Identification Card, occupy a duty position with the title of
driver or assistant driver for a minimum of 12 consecutive months or during
8000 miles have no Army motor vehicle accident or traffic violation
recorded on the Equipment Operator’s Qualification Record, and must perform
satisfactorily for a minimum of one year as an active qualified driver
instructor or motor vehicle driver examiner.

7.  The applicant’s separation document indicates he was a COMSEC
(communication security) Repairman at the time of his separation from
active duty in 1991 and had held that specialty for approximately 2 years.
Prior to that specialty he held a primary specialty of 31U (Tactical
Communications Systems Operator Mechanic).  There is no indication that he
occupied a duty position with the title of driver or assistant driver
during his military service.

8.  The applicant’s separation document indicates he qualified as a
sharpshooter with the M-16 rifle.  There is no evidence of qualification as
an expert.

DISCUSSION AND CONCLUSIONS:

1.  It is not entirely clear if the training courses the applicant is
requesting to be added to his separation documents were completed in a
residence status.  However, clearly the course could assist the applicant
in civilian job placement and all were at least 40 hours in duration.  As
such, in the interest of justice
and equity it would be appropriate to add the courses to his 1991
separation document.  Although the year he completed the Hybrid Maintenance
Course was not recorded on the completion certificate it is likely the
course was completed in February 1991 in view of the fact that in February
1990 he was attending the Bus Driver’s Course and would have just arrived
in Germany in January or February 1989.

2.  There is no evidence, and the applicant has not provided any, which
confirms that he was ever awarded the Driver and Mechanic Badge.  There is
also no evidence that he ever occupied a duty position with the title of
driver or assistant driver and as such would not have been eligible for the
badge.

3.  The applicant’s separation document indicates that he was qualified as
a sharpshooter with the M16 rifle at the time of his separation.  There is
no evidence, and the applicant has not provided any, that he was qualified
as an expert with that weapon when he was released from active duty.  In
the absence of such evidence there is no basis to correct his separation
document to reflect that level of qualification.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 May 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 April 1994.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence or argument, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WP__  ___JR___  __KJ  ___  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 in item 14
(military education) that he completed the following courses:

      a.  Operation, Maintenance, and Installation of Fiber Optics
Communications Set Course, 1 week, 1989;


      b.  Noncommissioned Officer Development Course, 2 weeks, 1989;


      c.  Primary Leadership Development Course, 4 weeks, 1989;


      d.  Bus Driver Training Course, 1 week, 1990; and


      e.  C/300 Hybrid Maintenance Course, 1 week, 1991.

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
award of the Driver and Mechanics Badge and qualification as an expert with
the M16 rifle.




                            ____   William Powers_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016150                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|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.                      |                                        |


-----------------------
[pic]