BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090012699 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of advanced individual training (AIT) and award of the Marksmanship Qualification Badge with Grenade Bar.

2.  The applicant states that his DD Form 214 does not reflect the scope of his active duty service.

3.  The applicant provides a copy of his DD Form 214, dated 18 March 1988, and a copy of an undated certificate showing completion of the Medical Specialist Course 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 records show he enlisted in the Regular Army for a period of 4 years on 4 September 1987.  He completed basic training at Fort Bliss, TX, on 13 November 1987 and proceeded to Fort Sam Houston, TX, for AIT in military occupational specialty (MOS) 91A (Medical Specialist).

3.  On 22 and 24 February 1988, the applicant received counseling from his drill sergeant regarding his lack of desire to adjust to a military environment, failure of the Army Physical Fitness Test (APFT), and failing five tests in MOS 91A.

4.  On 1 March 1988, the applicant's immediate commander initiated separation action against the applicant under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations) by reasons of lack of motivation, failure to adapt to a military lifestyle, failure of the APFT, academic failure in five tests in MOS 91A, and lack of desire to become a Soldier.

5.  On 1 March 1988, the applicant acknowledged receipt of the separation notification in accordance with chapter 11 of Army Regulation 635-200 and subsequently consulted with counsel and was advised of the basis of the contemplated separation action, of the rights available to him, and the effect of any action taken by him in waiving those rights.

6.  On 8 March 1988, the separation authority approved the applicant's discharge and directed he receive an entry-level separation and be transferred to the U.S. Army Reserve Individual Ready Reserve.  He further indicated that the requirement to recycle the applicant prior to the discharge was waived in accordance with applicable regulations.  Accordingly, the applicant was released from active duty on 18 March 1988.  The DD Form 214 he was issued shows he completed 6 months and 15 days of creditable active military service.

	a.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) shows the entry "none."

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

	c.  Item 14 (Military Education) shows the entry "None."

7.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded the 2nd Class [Marksman] Marksmanship Qualification Badge with Grenade Bar on 21 October 1987.

8.  The applicant submitted a copy of an undated certificate showing he completed the Medical Specialist Course given at Fort Sam Houston, TX, from 22 November 1987 to 12 February 1988.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the Soldier's military education in item 14 is obtained from the Soldier's records and shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his military education and marksmanship badge.

2.  The evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Grenade Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  The evidence of record shows the applicant was separated as a result of his failure to adapt to military lifestyle, academic failure (five tests), and APFT failure. 
Accordingly, his chain of command initiated separation action against him.  The separation authority waived recycling the applicant and directed his release from active duty.

4.  It is common practice to issue Soldiers completion certificates near the end of the courses or schools in which they are enrolled.  This assists in the rapid out-processing of the Soldier.  Due to the large number of trainees at training bases, personnel officers and/or operations and training officials often prepare certificates of training and/or completion of training ahead of time with the expectation that Soldiers would complete such training.

5.  In this case, since the applicant was processing for separation and since no course is entered on his DD Form 214, it appears that the applicant erroneously received this pre-prepared certificate showing he completed training.  In the absence of an order or other evidence clearly showing he completed this course and was awarded the MOS, there is insufficient evidence to list the course 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 adding to his DD Form 214 the Marksman Marksmanship Qualification Badge with Grenade Bar.

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 completion of the Medical Specialist Course.



      ____________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)                                         AR20090012699



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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