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ARMY | BCMR | CY2006 | 20060003449C070205
Original file (20060003449C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060003449


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla J.N.Troup               |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John G. Heck                  |     |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 his Statement of
Service, or that the Department of the Army provide him some other official
document, to show that he completed Basic Combat Training (BCT).

2.  The applicant states, in effect, that the Statement of Service he was
issued for the period of active duty from 12 July 1983 to 16 September 1983
is identified only as Active Duty Training (ADT).  The applicant also
states, in effect, that his records do not specifically state that the ADT
was for BCT, the U.S. Army Reserve (USAR) does not accept ADT as "real
training", and he requests official acknowledgement of his completion of
BCT.

3.  The applicant provides a copy of a DARC Form 249 (Chronological
Statement of Retirement Points), dated 5 November 1984; DARC Form 2496
(Statement of Service), dated 18 August 1986; DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 25 August
1989; and
DA Form 2-1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 September 1983; the date he completed his Initial Active
Duty for Training (IADT).  The application submitted in this case is dated
27 February 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 applicant's military service records show that he enlisted in the
USAR on 22 June 1983 for a period of 6 years.

4.  The applicant's military service records contain a copy of Department
of Defense, Military Entrance Processing Station, Chicago, Illinois, IADT
Order Number 386-23, dated 22 June 1983.  This document shows, in pertinent
part, that the applicant was ordered to IADT on 12 July 1983, for a period
of approximately 8 weeks or completion of basic and military occupational
specialty (MOS) training in MOS 91S (Environmental Health Specialist).

5.  The applicant's military service records contain a DA Form 2-1
(Personnel Qualification Record).  Item 35 (Record of Assignments) of this
document shows, in pertinent part, that on 22 June 1983 the applicant
enlisted in the USAR and was ordered to active duty with a report date of
12 July 1983.  Item 35 of this document also shows that on 12 July 1983 the
applicant arrived for ADT at the U.S. Army Reception Station, Fort Sill,
Oklahoma, and that he was assigned to Battery B, 5th Training Battalion,
U.S. Army Field Artillery Training Center, Fort Sill, Oklahoma, on 15 July
1983, to attend BCT.  This item further shows that on 16 September 1983,
the applicant was released from ADT to return to his USAR unit of
assignment.

6.  The applicant's military service records contain a copy of a DD Form
220 (Active Duty Report) used to report items of information for
individuals reporting for active duty.  This document shows that the
applicant entered on active duty on 12 July 1983 and that the date his tour
of duty terminated was 16 September 1983.  This document also shows in Item
17 (Remarks) that in front of the block marked (See Below) a series of "Xs"
were typed.  The area below Item 17 contains the entry "Completed BCT
830915."  The document further shows that the second lieutenant serving as
the assistant adjutant general at Fort Sill, Oklahoma, authenticated the DD
Form 220 by affixing his signature to the document.

7.  In support of his application, the applicant provides a copy of a DARC
Form 249, DARC Form 2496, and DA Form 2-1, which collectively offer
evidence that the applicant performed IADT during the period 12 July 1983
to 16 September 1983.  The DD Form 214, with an effective date of 25 August
1989, provides evidence of the applicant's service in the U.S. Air Force
subsequent to his service in the USAR.

8.  Army Regulation 135-210 (Army National Guard and Army Reserve - Order
to Active Duty as Individuals for Other Than a Presidential Selected
Reserve Call-up, Partial or Full Mobilization) prescribes policies,
responsibilities, and procedures for ordering individual Soldiers of the
Army National Guard of the United States and the USAR to active duty for
other than a Presidential selected Reserve call-up, partial or full
mobilization.  It also provides that the first duty station commander will
prepare the DD Form 220 in support of the administrative processing of
Soldiers to active duty and states that the DD Form 220 will be filed in
the Soldier's Official Military Personnel File (OMPF).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his Statement of Service should
be corrected, or some other official document should be provided, to show
that he completed BCT.

2.  The evidence of record shows that the applicant was ordered to IADT to
attend BCT during the period 12 July 1983 to 16 September 1983.   The
evidence of record also shows that the applicant attended BCT from 15 July
1983 through 15 September 1983 and that he completed BCT.  The evidence of
record further shows that the fact that the applicant completed BCT is
officially documented on a DD Form 220 that is properly filed in the
applicant's OMPF.  Therefore, the applicant is entitled to a copy of the DD
Form 220 to show that during his service in the U.S. Army he completed
Basic Combat Training.

3.  The evidence of record shows that the applicant's Statement of Service
properly reflects his military service in the USAR.  Therefore, he is not
entitled to correction of this document to show that he completed BCT.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 September 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
15 September 1986.  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

__MJNT_  ___RR___  ___JGH_  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 the applicant
was provided a copy of the
DD Form 220 that is filed in his Official Military Personnel File showing
that he completed Basic Combat Training on 15 September 1983.

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
correcting the DARP Form 249 (Statement of Service) to show completion of
Basic Combat Training.




                                  ____   Marla J.N.Troup_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003449                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19920601                                |
|DISCHARGE AUTHORITY     |AR 140-10, Paragraph 4-19               |
|DISCHARGE REASON        |Transfer to USAR IRR                    |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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