RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060005004


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda Darby                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 correction of item 14 (Military Education) on
his DD Form 214 (Certificate of Release or Discharge from Active Duty) to
show he completed infantry training and correction of item 11 (Primary
Specialty) to show military occupational specialty (MOS) 11B (Infantry).

2.  The applicant states that his infantry position was omitted from his DD
Form 214.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 August 1995.  The application submitted in this case is
dated 28 March 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 enlisted in the Regular Army on 30 May 1990 for training
in MOS 11X.  He completed basic training and advanced individual training
at Fort Benning, Georgia.

4.  Headquarters, United States Army Infantry Training Center, Fort
Benning, Georgia Orders 140-35, dated 20 July 1990, awarded the applicant
MOS 11B with an effective date of 30 August 1990 or upon completion of MOS
training.

5.  Item 17 (Civilian Education and Military Schools) on his DA Form 2-1
shows he completed 13 weeks of infantry training at the U.S. Army Infantry
Training Center in 1990.

6.  Item 38 (Record of Assignments) on his DA Form 2-1 (Personnel
Qualification Record - Part II) shows he was assigned to Hawaii on 21
August 1990 in duty MOS 11B.


7.  He was discharged from active duty on 24 November 1992 for the purpose
of immediate reenlistment.  He reenlisted on 25 November 1992 for a period
of three years.

8.  The applicant’s DA Form 2-1 shows he continued to serve in MOS 11B
until he departed Hawaii on 21 July 1993.  He was reassigned to Fort
Eustis, Virginia for training in MOS 68X (AH-64 Armament/Electrical Systems
Repairer) on 23 July 1993.

9.  Department of the Army, U.S Army Transportation Center, Fort Eustis,
Virginia Orders 350-00018, dated 16 December 1993, awarded the applicant
primary MOS 68X with an effective date of 17 December 1993 or upon
completion of course.  These orders do not mention his MOS of 11B.

10.  The applicant was honorably released from active duty on 26 August
1995.  His DD Form 214 does not indicate he completed infantry training in
item 14.

11.  The applicant’s DD Form 214 shows the entry “68X2O 00 AH-64
ARAMENT/ELECTRICAL SYS/REP -- 1 YRS - 8 MOS//NOTHING FOLLOWS”
in item 11.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active Army service at the time of release from
active duty, retirement or discharge.  In pertinent part, it directs that
the MOS codes, titles, years and months for warrant officers and enlisted
personnel will be entered in item 11 on the DD Form 214.

13.  Army Regulation 635-5 states, in pertinent part, that item 14
(Military Education) will list formal in-service training courses of 40
hours or more successfully completed during the period of service covered
by title, length in weeks, and month and year completed.  This information
is to assist the Soldier after separation in job placement and counseling;
therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed infantry training
in 1990.  However, in accordance with Army Regulation 635-5, training
courses for
combat skills are not listed on the DD Form 214.  Therefore, there is no
basis for adding this course to his DD Form 214.

2.  The applicant was awarded MOS 11B on 30 August 1990 and served in this
MOS until 21 July 1993, which is a period of 2 years and 11 months.  He was
later awarded primary MOS 68X and served in this MOS until he was separated
from the service.

3.  The applicant’s orders awarding him primary MOS 68X should have either
withdrawn primary MOS 11B or awarded it as his secondary MOS.  Since his
68X orders ignored his MOS of 11B altogether, it would be appropriate to
show an additional specialty of 11B in item 11 on his DD Form 214 as an
exception to policy.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 August 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 August 1998.  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

MD______  JR______  RG______  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 the DD Form 214 of the
individual concerned be corrected by adding the entry “11B10 INFANTRYMAN --
2 YEARS - 11 MONTHS” to item 11.

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
showing he completed infantry training.




                            Melinda Darby_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005004                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0700                                |
|2.                      |100.0500                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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