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ARMY | BCMR | CY2005 | 20050016175C070206
Original file (20050016175C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 AUGUST 2006
      DOCKET NUMBER:   AR20050016175


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dean Camarella                |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 her final Certificate of Release or
Discharge (DD Form 214) be corrected to include the time that she served in
the United States Army Reserve (USAR).  She also requests that her DD Form
214 be amended to reflect the Army Commendation Medal that she was awarded;
all of the military occupational specialties that she held; that she
completed the Advanced Noncommissioned Officers Course (ANCOC); and that
she completed the Basic Noncommissioned Officers Course (BNCOC).

2.  The applicant states, in effect, USAR service should be reflected on
the last DD Form 214 that she was furnished as she was not issued a DD Form
214 at the time of her retirement.

3.  The applicant provides in support of her application, copies of
documentation contained in her Official Military Personnel File (OMPF.)

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which, occurred on 1 June 2001.  The application submitted in this case is
dated 4 November 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.  On 18 June 1975, she enlisted in the USAR under the Delayed Entry
Program, in Louisville, Kentucky, for 3 years, in the pay grade of E-1.
She enlisted for the United States Army Training Choice enlistment option
for training as a wheel vehicle mechanic military occupational specialty.

4.  The applicant enlisted in the Regular Army (RA), for 3 years on 6
October 1975.  She had completed 2 years, 11 months and 24 days of total
active service when she immediately reenlisted in the RA for 4 years on 2
October 1978.


5.  On 26 May 1981, orders were published awarding the applicant the Army
Commendation Medal for meritorious service for the period covering 1 April
1980 through 17 March 1981.

6.  The applicant was honorably released from active duty in the pay grade
of E-5 on 1 October 1982, at the expiration of her term of service, and she
was transferred to the USAR Control Group (Reinforcement).  She had
completed 6 years, 11 months and 24 days of net active service.

7.  The DD Form 214 that she was furnished at the time of her release from
active duty shows that she was awarded the Good Conduct Medal (second
award); the Noncommissioned Officers Professional Development Ribbon; the
Expert Marksmanship Badge (Rifle M-16) the Army Service Ribbon; one
Overseas Service Ribbon; and the Driver and Mechanic Badge.  Her DD Form
214 also shows that she served in heavy wheel vehicle mechanic and wheel
vehicle repair military occupational specialties; and that she had 3 months
and 18 days of total prior inactive service.  However, the Army
Commendation Medal was not included on her DD Form 214.

8.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
she completed 8 weeks of military occupational training as a heavy wheel
vehicle mechanic in 1976; a 1-week Italian Conversation Course in 1977; a 1-
week Fuel Handling Course in 1978; a 2-week Primary Leadership Development
Course in 1980; a 2-week Nuclear, Biological and Chemical Course in 1980; a
4-week Instructor Training Course in 1980; a 1-week Tune-Up Course in 1980;
a 2-week Fundamentals of Counseling Course in 1980; and a 1-week Battalion
Training Management System Course in 1980.  However, these courses were not
included in the "Military Education" portion of her DD Form 214.

9.  On 2 October 1982, she enlisted in the Individual Ready Reserve (IRR)
for 1 year, as an Army National Guard referral.  Orders were published on
28 September 1983, honorably discharging the applicant from the IRR, in the
pay grade of E-5, with an effective date of 1 October 1983.

10.  She reentered the USAR in the pay grade of E-4 on 18 March 1985, and
she remained in the USAR through a series of continuous of reenlistments.

11.  The applicant's Service School Academic Evaluation Reports (AER)
indicate that she attended BNCOC from 20 August 1989 through 1 September
1989; ANCOC from 26 June 1991 through 5 July 1991; and Light Wheel Vehicle
Mechanic/Phase II ANCOC from 3 March1996 through 16 March 1996.

12.  Orders were published on 5 July 2001 reassigning the applicant to the
Retired Reserve in the pay grade of E-8, with an effective date of 1 June
2001.

13.  Army Regulation 635-5 prescribes the separation documents which are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It establishes standardized
policy for preparing and distributing the DD Form 214.  It states, in
pertinent part, that a DD Form 214 will be prepared for all personnel at
the time of their retirement, discharge, or release from the active Army.

14.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It states, in pertinent part, that the information
contained on the DD Form 214 will apply only to the period of service
covered by the DD Form 214, unless otherwise specified, and that only those
specialties that have been awarded in accordance with Army Regulation 611-
201 and that have been held for at least 1 year, are authorized for entry
on the DD Form 214.

15.  Army Regulation 635-5 provides, in pertinent part, that only
decorations, medals, badges, citations and campaigns ribbons will be
entered on the DD Form 214.  Certificates of Appreciation or Achievement
are not authorized for entry.  It further provides that only formal in-
service (full-time attendance) training courses successfully completed
during the period of service covered by the DD Form 214 will be listed and
that those courses non-combat arms related that are 40 hours (1 week) or
more in duration will be listed under military education.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's DD Form 214
which resulted in the omission of the Army Commendation Medal.  Her records
show that she was awarded the Army Commendation Medal for meritorious
service for the period covering 1 April 1980 through 17 March 1981, and her
DD Form 214 should be amended to reflect his award.

2.  Additionally, the applicant completed a total of nine courses prior to
her release from active duty in the RA.  These courses consisted of 8 weeks
of military occupational training as a heavy wheel vehicle mechanic in
1976; a
1-week Italian Conversation Course in 1977; a 1-week Fuel Handling Course
in 1978; a 2-week Primary Leadership Development Course in 1980; a 2-week



Nuclear, Biological and Chemical Course in 1980; a 4-week Instructor
Training Course in 1980; a 1-week Tune-Up Course in 1980; a 2-week
Fundamentals of Counseling Course in 1980; and a 1-week Battalion Training
Management System Course in 1980.  These courses should have been included
on her DD Form 214 prior to her release from active duty and it would now
be appropriate to include these courses in the Military Education (Block
#14) on her DD Form 214.

3.  Nonetheless, as previously indicated, the DD Form 214 will apply only
to the period of service covered by the DD Form 214, unless otherwise
specified and, inasmuch as she did not complete ANCOC and BNCOC until after
the period of RA active duty service covered by the DD Form 214, her
completion of these courses were properly omitted.

4.  Furthermore only those specialties that have been held for at least 1
year, are authorized for entry on the DD Form 214 and the available records
fail to show that she held any military occupational specialty, other than
those currently reflected on his DD Form 214 for 1 year or more during the
period of service in question.  Therefore, there is no basis for granting
this potion of the applicant's request.

5.  Her USAR service is properly reflected as total prior inactive service
on her DD Form 214.  In accordance with the applicable regulation, the USAR
service that was completed after the period covered should not be reflected
since her DD Form 214 was prepared to show her service at the time of her
release from active duty.

6.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RD __  ___DC__  ___RN___  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:

      a.)  by amending her DD Form 214 to show that she was awarded the Army
Commendation Medal for meritorious service for the period covering 1 April
1980 through 17 March 1981; and


      b.)  showing that she completed 8 weeks of military occupational
training as a heavy wheel vehicle mechanic in 1976; a 1-week Italian
Conversation Course in 1977; a 1-week Fuel Handling Course in 1978; a 2-
week Primary Leadership Development Course in 1980; a 2-week Nuclear,
Biological and Chemical Course in 1980; a 4-week Instructor Training Course
in 1980; a 1-week Tune-Up Course in 1980; a 2-week Fundamentals of
Counseling Course in 1980; and a 1-week Battalion Training Management
System Course in 1980.

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
including ANCOC, BNCOC, additional military occupational specialties, and
any USAR time completed after her release from the RA on her DD Form 214.




                            _____Richard Dunbar______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016175                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20010601                                |
|DISCHARGE AUTHORITY     |AR 135-180                              |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  1                   |110.0400/ADD APPROVED AWARD             |
|3.  23                  |103.0000/EDUCATION                      |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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