IN THE CASE OF:	  

		BOARD DATE:	  18 November 2008

		DOCKET NUMBER:  AR20080009294 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his Certificate of Enlistment (USAREC Form 589) to show his correct middle initial; correction of his foreign service; and that several courses he completed be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he entered the service on 26 May 1999 and that his foreign service is wrong.  He departed Fort Leonard Wood, Missouri, on the second Thursday of January 2000 and arrived at Camp Casey, Korea, on the 2nd Friday of January 2000.  He departed Camp Casey 4 days later for Panmunjom, 38th Parallel [boundary between North and South Korea].  He departed Korea on 5 April 2000 for Walter Reed Army Medical Center (WRAMC). He arrived at WRAMC on 6 April 2000.  He stated that several courses he completed are not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, three Certificates of Training, and a Certificate of Enlistment in support of his request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of 
Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the United States Army Reserve on 26 May 1999, for 8 years.  

3.  The Army Board for Correction of Military Records does not correct non DA (Department of the Army)/DOD (Department of Defense) Forms.  The applicant must request correction of his Certificate of Enlistment of the Commander, United States Army Recruiting Command, Attention:  US Army Accessions Support, Building 206, 9th Cavalry Regiment Avenue, Fort Knox, Kentucky, 40121-2726.  As a result, this issue will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 12 August 1999, for 4 years.  He was trained as a Motor Transport Operator, in military occupational specialty (MOS), 88M.  He was promoted to PV2/E-2 effective 12 February 2000.  

5.  On 25 April 2000, the applicant underwent a mental status evaluation which revealed a fully oriented alert individual whose behavior was normal.  His mood was flat, his thinking process was clear, his thought content was normal, and his memory was good.  The remarks section of the evaluation form diagnosed the applicant as having an antisocial personality disorder.  He met the retention requirements of Army Regulation 40-501, chapter 3.  There was no psychiatric disease or defect which warranted disposition through medical channels.  He was mentally responsible, could distinguish right from wrong and adhere to the right, and had the mental capacity to understand and participate in administrative board proceedings.  The applicant was psychiatrically cleared for any administrative action deemed appropriate by the command.

6.  On 2 May 2000, the Chief, Inpatient Psychiatry Service, WRAMC, prepared a memorandum for the Commander, Medical Holding Company (MHC).  He informed the commander that the applicant was seen from 14 to 25 April 2000 at WRAMC for a non-emergency mental health evaluation for recurrent antisocial obsessions of harming people.




7.  On 7 June 2000, the applicant was notified by his unit commander that action was being initiated to separate him from the Army under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13, for personality disorder.  He 
based his recommendation on the applicant’s borderline personality disorder and history of depression and maladaptive pattern of behavior of long duration that interfered with his performance of duties.

8.  The applicant acknowledged receipt of the notification on the same date and consulted with counsel.  He waived his rights and elected not to submit statements in his own behalf.  

9.  On 20 June 2000, the commander submitted his recommendation to separate the applicant under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13. 

10.  The separation authority approved the recommendation for the applicant’s discharge and directed that he be furnished an honorable discharge.  The applicant was discharged on 14 July 2000.

11.  Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel Qualification Record - Part II), shows that he arrived in Korea on 26 January 2000.  Item 35 (Record of Assignments), of his DA Form 2-1, shows that he was enroute to Korea on 16 December 1999 and was assigned to the Joint Security Area (JSA) in Korea on 28 January 2000. 

12.  Item 12f (Foreign Service), on his DD Form 214, shows the entry, "0000 02 19" (2 months and 19 days).

13.  The applicant provided a copy of his certificate of training which shows that he successfully completed Basic Combat Training (BCT) on 4 November 1999, at Fort Benning, Georgia.  This course is not shown in item 14 (Military Education) of the applicant's DD Form 214.  

14.  Item 17 (Civilian Education and Military Schools), of the applicant's DA Form 2-1, shows that he completed BCT in 1999 which was 9 weeks in duration.

15.  The applicant provided a copy of his certificate of training which shows that he successfully completed the Motor Transport Operator Course on 16 December 1999, at Fort Leonard Wood, Missouri.  This course is not shown in item 14 of the applicant's DD Form 214.

16.  Item 35, of the applicant's DA Form 2-1, show that his AIT (Advanced Individual Training) began on 5 November 1999.
17.  The applicant provided a copy of his certificate of training which shows that he successfully completed the 302nd Forward Support Battalion, 2nd ID (Infantry Division) Driver's Training Course, conducted at Camp Casey, Korea, during the period 13 to 17 March 2000 that was 40 hours, which equates to 1 week in length.  This course is not shown in item 14 of the applicant's DD Form 214.

18.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  It 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 will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was assigned to the JSA in Korea on 28 January 2000 and departed on an unknown date to the US. 

2.  The applicant alleges that his foreign service is wrong and claims that he departed Korea on 5 April for WRAMC and arrived at WRAMC on 6 April 2000.  However, there is no evidence, and the applicant has provided none, to show his actual departure date from Korea.  A review of his military records failed to show the exact date of departure from Korea.  Item 12f, of his DD Form 214, shows that he completed 2 months and 19 days of foreign service.  It is presumed that the foreign service computed by personnel at the time of preparation of his DD Form 214 is correct unless any additional information is provided by the applicant to show otherwise.  Therefore, he is not entitled to a change or correction of item 12f of his DD Form 214.  His foreign service shown in item 12f is presumed to be correct. 

3.  The evidence of record shows that the applicant completed BCT on 4 November 1999, which was 9 weeks in length; however, according to Army Regulation 635-5, training courses for combat skills are not listed in item 14 (Military Education), of the DD Form 214.  Therefore, he is not entitled to correction of item 14, of his DD Form 214 to show this course.

4.  The evidence shows the applicant completed the Motor Transport Operator Course on 16 December 1999, which was 6 weeks in length; and the 302nd Forward Support Battalion, 2nd ID Driver's Training Course, on 17 March 2000, which was 1 week in length.  Therefore, he is entitled to correction of item 14, of his DD Form 214 to show these courses.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the entry "Motor Transport Operator Course, 6 weeks, 1999," in item 14, of his DD Form 214; and 

	b.  showing the entry "302nd Forward Support Battalion, 2nd ID Driver's Training Course, 1 week, March 2000," in item 14 , of his DD Form 214.

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 correction of item 12f (Foreign Service), of his DD Form 214, and to show the entry "Basic Combat Training, 9 weeks, November 1999," in item 14 (Military Training), of his DD Form 214.



      __________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.













ABCMR Record of Proceedings (cont)                                         AR20080009294



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ABCMR Record of Proceedings (cont)                                         AR20080009294



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