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ARMY | BCMR | CY2006 | 20060000587C070205
Original file (20060000587C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060000587


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 DD Form 214 (Certificate of Release or
Discharge From Active Duty) be corrected at items 11 (Primary Military
Occupational Specialty (MOS), 13 (Decorations, Medals, Badges, Citations,
and Campaign Ribbons Awarded or Authorized), and 14 (Military Education).

2.  The applicant states, in effect, he has documentation of military
schools that were not included on the DD Form 214 and would like to have
his records corrected to include all of his military training, awards, and
MOSs.

3.  The applicant provides copies of certificates of completion of a
Platoon Confidence Training and the Primary Leadership Development Course
(PLDC).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the corrections requested by the
applicant be made.

2.  Counsel states, in effect, that the information provided by the
applicant does show that there are omissions of courses listed on the DD
Form 214 and that correction of the record is warranted.

3.  Counsel provides no additional supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 May 1992.  The application submitted in this case is dated 2
January 2006.

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 records show the applicant the applicant entered active duty on 1
May 1979.  He reenlisted on 6 November 1981 and again on 10 March 1987.

4.  He completed advanced individual training (AIT) on 10 October 1979 and
was awarded the MOS 94B (Food Service Specialist).  He served in this MOS
for 2 years and 7 months before converting to the MOS 11C (Indirect Fire
Infantryman).

5.  On 1 May 1986, Headquarters, 3rd Brigade, 1st Armored Division
Permanent Orders 27-2 awarded the applicant the Army Commendation Medal.

6.  The applicant's DD Form 214 lists the applicant's awards as the Army
Service Ribbon, the National Defense Service Medal, the Good Conduct Medal
(3rd award), and the Sharpshooter Marksmanship Qualification Badge with
Rifle bar.  These awards are also the only ones reflected on the Department
of the Army (DA) Form 2-1 (Personnel Qualification Record).

7.  The applicant provides a Certificate of Graduation from the United
States Army and Seventh Army Europe, 3rd Division Noncommissioned Officer
Academy showing successful completion of the PLDC course on 10 March 1988.

8.  He also provides a Certificate of Graduation from the United States
Army and Seventh Army Europe, 3rd Division showing successful completion of
the Platoon Confidence Training course on 8 June 1990.

9.  The DA Form 2-1 and DD Form 214 do not list either of these schools.
However, there is an Noncommissioned Officers Evaluation Report (NCOER)
that does indicate he attended the PLDC.

10.  Army Regulation 635-5 (Separation Documents) states, in pertinent
part, that the titles of all MOS in which a Soldier served for at least 1
year are to be entered on the DD Form 214 at item 11.  The entry is to
include for each MOS the number of years and months served.  For time
determination, 16 days or more count as a month and basic training and AIT
are not counted.

11.  It also states that all formal full-time attendance training courses,
except for courses in combat skills, successfully completed training
courses are to be listed on the DD Form 214 at item 14 (Military
Education).

12.  Department of the Army Pamphlet 351-4 (United States Army Formal
Schools Catalog), does not list the Platoon Confidence Training course as a
formal training course.  It describes the PLDC as a leadership training
course.



DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 incorrectly lists only the applicant's second MOS.  He
first served the MOS 94B for a period of 2 years and 7 months.  This entry
should be included on the DD Form 214 at item 11.

2.  The applicant was awarded the Army Commendation Medal.  Notation of
this award was not made on either the DD Form 214 or the DA Form 2-1 and
correction to the DD Form 214 should be accomplished.

3.  The Platoon Confidence Training course is not listed in the regulations
as a formal training course.  As such it is not appropriate to list it at
item 14 on the DD Form 214.

4.  The official record does not include notation of the applicant's
attendance at the PLDC.  However, the evidence provided by the applicant
combined with the NCOER is sufficient to warrant correction of the
applicant's records to reflect attendance at this school.  Since the PLDC
course is considered a leadership training course it should be included on
the DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 May 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 April 1995.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ALR___  __LMB__  __QAS__  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 including on the DD
Form 214 the following at:

      a.  item 11; 94B10, Food Service Specialist, 2 years and 7 months;

      b.  item 13; award of the Army Commendation Medal; and

      c.  Item 14; attendance at the PLDC in 1988.

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
inclusion of attendance at the Platoon Confidence Training course.




                            __    Allen L. Raub_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000587                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |103                                     |
|3.                      |107                                     |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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