IN THE CASE OF:	

		BOARD DATE:	  31 March 2009

		DOCKET NUMBER:  AR20080019218 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the military occupational specialty (MOS) 15D, the Basic Noncommissioned Officer Course (BNCOC), and the Primary Leadership Development Course (PLDC) to his DD Form 214. 

2.  The applicant states that his DD Form 214 is incomplete and that he did not realize these omissions until he needed them for college credit evaluation. 

3.  The applicant provides his DD Form 214, BNCOC Service School Academic Evaluation Report, and PLDC Service School Academic Evaluation Report in support of this application.

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 records show he enlisted in the Regular Army on 
28 July 1981.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of 15D, lance missile crew member.  The highest rank he attained while serving on active duty was staff sergeant/pay grade E-6.  He was honorably discharged on 6 December 1988, after completing 7 years, 4 months, and 9 days of active military service.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record), item 17 (Civilian Education and Military Schools) shows he completed 15D MOS training in 1981 and item 35 (Record of Assignments) of this form shows he served in various 15D duty positions for a total of 6 years.

4.  The applicant's DA Form 2-1 shows that he was assigned to a 13M3O, Multiple Launch Rocket System (MLRS) crewman duty position for 1 year.  While there are no orders in his records showing he was awarded the MOS 13M, his DA Form 2A (Personnel Qualification Record) shows his primary MOS as 13M3O.  His Enlisted Evaluation Report for the period ending November 1987 and his NCO Evaluation Report for the period ending November 1988 show his primary MOS as 13M3O.

5.  The applicant provided Service School Academic Evaluation Reports showing he completed a four-week resident PLDC on 18 April 1986 and a nonresident Field Artillery Missile BNCOC (MOS 15D3O) on 4 April 1987.

6.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  This regulation in effect at the time; provided in pertinent part, that the MOS codes, titles, years, and months  served will be entered in item 11 (Primary Specialty Number, Title, and Years and Months in Specialty).

7.  Army Regulation 635-5, in effect at the time, in pertinent part, stated that 
in-service [resident] training courses; title, number of weeks, year successfully completed during this period of service will be entered in item 14 (Military Education).  It further stated that this information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Personnel Qualification Record shows he was assigned to various MOS 15D duty positions for a total of 6 years, therefore he is entitled to have item 11 of his DD Form 214 corrected to show "15D Lance Crewmember MLRS 6 Years." 
2.  While there are no orders in his records showing he was awarded the MOS 13M, the applicant's Personnel Qualification Record and two evaluation reports show his primary MOS as 13M3O, thus it must be presumed that he was awarded this MOS.  The applicant's Personnel Qualification Record also shows he was assigned to MOS 13M duty positions for 1 year.  In the absence of evidence to the contrary, he is entitled to have item 11 of his DD Form 214 corrected to show "13M MLRS Crewman 1 Year." 

3.  The Service School Academic Evaluation Report for the PLDC shows the applicant attended the course in a resident status for four weeks in 1986.  Therefore, he is entitled to have item 14 of his DD Form 214 corrected to show "Primary Leadership Development Course 4 weeks 1986."

4.  The applicant's nonresident Field Artillery Missile BNCOC (MOS 15D3O) Service School Academic Evaluation Report shows he completed the course on 4 April 1987.  Only in-service [resident] training courses are entered on the DD Form 214.  Therefore the applicant is not entitled to have this course entered on his DD Form 214.

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 amending his DD Form 214 to show in:

	a.  Item 11; the entry "15D Lance Crewmember MLRS 6 years";

	b.  Item 11; the entry "13M3O MLRS Crewman 1 Year"; and 

	c.  Item 14; the entry "Primary Leadership Development Course 4 weeks 1986."

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 adding the Field Artillery Missile BNCOC (MOS 15D3O) to the applicant's 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)                                         AR20080019218



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ABCMR Record of Proceedings (cont)                                         AR20080019218



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