IN THE CASE OF:	  

		BOARD DATE:	    17 February 2010

		DOCKET NUMBER:  AR20090014065 


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 that item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in military occupational specialty (MOS) 11B (Infantryman) for 5 years and 11 months and in MOS 42L (Administrative Specialist) for 4 years and 2 months; that item 14 (Military Education) be corrected to show he completed the 11-week Infantryman Course in March 1996, the 4-week Primary Leadership Development Course (PLDC) in September 1999; the 6-week Administrative Specialist Course in March 2002, the 2-week Basic Noncommissioned Officer Course (BNCOC) in January 2003, and the 2-week Administrative Specialist BNCOC in February 2003; and that item 24 (Character of Service) be corrected to show a bad conduct discharge.

2.  The applicant states that missing and inaccurate information is contained in the above mentioned items of his DD Form 214.  He also states, in effect, that his dishonorable discharge was upgraded to a bad conduct discharge.

3.  The applicant provides copies of an Army Clemency and Parole Board decision; an American or Army Council of Education (ACE) Registry Transcript System (AARTS) transcript; and his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 January 1996.  He successfully completed one-station unit training in MOS 11B and was later awarded MOS 71L (Administrative Specialist).  MOS 71L was redesignated as MOS 42L effective 1 October 2004.

2.  On 10 November 2005, the applicant was convicted in accordance with his pleas by a general court-martial of conspiring to steal mail matter (packages addressed to U.S. service members and civilians in the Bagram, Afghanistan, post office before they were delivered), violating a lawful general order (possessing alcohol), and stealing mail matter.  He was sentenced to be reduced to E-1, forfeiture of all pay and allowances, confinement for 30 months, and a dishonorable discharge.  On 11 February 2006, the convening authority approved the sentence.

3.  On 29 August 2006, the Army Clemency and Parole Board granted the applicant a bad conduct discharge in lieu of his dishonorable discharge.

4.  On 26 December 2007, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 3, pursuant to an approved sentence of a general court-martial.

5.  Item 11 of his DD Form 214 shows the entry "42L1O ADMIN SP [Administrative Specialist] - 9 YRS 5 MOS//NOTHING FOLLOWS."  Item 14 of his DD Form 214 shows the entry "BASIC NCO CRS (BNCOC), 8 WEEKS, 2003//PR LDRSHP DEV CRS [PLDC], 4 WEEKS, 1999//NOTHING FOLLOWS."  Item 24 of his DD Form 214 shows the entry "DISHONORABLE."  Since item 14 of his DD Form 214 shows he completed the 4-week PLDC in 1999, this portion of his request will not be discussed further in this Record of Proceedings.

6.  The applicant's AARTS transcript shows he completed the Light Weapons Infantryman Course at Fort Benning, Georgia, during the period 16 January 1996 to 12 April 1996.  

7.  The applicant's AARTS transcript shows he held primary MOS 11B2O from April 1996 to March 2001, but he held this MOS as his secondary MOS for the remainder of his service.

8.  The applicant's DA Form 1059 (Service School Academic Evaluation Report), dated 15 March 2002, shows he completed the 6-week Administrative Specialist Course on 15 March 2002.

9.  The applicant's DA Form 1059, dated 22 January 2003, shows he completed the 2-week BNCOC (Phase I) on 22 January 2003.

10.  The applicant's DA Form 1059, dated 6 February 2003, shows he completed the 2-week Administrative Specialist BNCOC on 6 February 2003.

11.  The applicant's AARTS transcript shows he held primary MOS 71L2O from April 2001 to September 2003, that he held primary MOS 42L2O from October 2003 to May 2004, and that he held primary MOS 42L3O from June 2004 until he was discharged in December 2007, a total of 6 years and 8 months.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 11, enter from the Enlisted Record Brief/Officer Record Brief the titles of all MOS or areas of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.  For an enlisted Soldier, also specify the first five characters of the primary MOS code (MOSC), which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.  Enter "O" when not applicable.  When MOSC merge at skill level 5, make separate entries for the highest skill level in each MOSC below skill level 5.  

13.  Army Regulation 635-5 also states, in pertinent part, that training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to amend item 11 of his DD Form 214 to show he served in MOS 11B for 5 years and 11 months was noted.  However, the AARTS transcript provided by the applicant shows he held primary MOS 11B2O from April 1996 to March 2001 and as his secondary MOS until he was discharged.  Since the applicant was reduced to E-1 prior to separation, his MOS skill level and special qualifications identifier (SQI) should be shown as "1O."  Therefore, item 11 of his DD Form 214 should be corrected to show he served in MOS 11B1O for 11 years and 8 months.

2.  The applicant's request to amend item 11 of his DD Form 214 to show he served in MOS 42L for 4 years and 2 months was also noted.  However, the AARTS transcript provided by the applicant shows he held primary MOS 71L2O from April 2001 to September 2003, that he held primary MOS 42L2O from October 2003 to May 2004, and that he held primary MOS 42L3O from June 2004 until December 2007, a total of 6 years and 8 months.  Since the applicant was reduced to E-1 prior to separation, his MOS skill level and SQI should be shown as "1O."  Therefore, item 11 of his DD Form 214 should be corrected to show he served in MOS 42L1O for 6 years and 8 months. 

3.  Item 14 of the applicant's DD Form 214 shows he completed the 8-week BNCOC in 2003.  However, since the applicant contends that the information is inaccurate and he completed the 2-week BNCOC in January 2003, and his DA Form 1059 shows he completed the 2-week BNCOC (Phase I) on 22 January 2003, it would be appropriate to correct this entry to show he completed the 
2-week BNCOC in January 2003.

4.  Evidence of record shows the applicant completed the 11-week Light Weapons Infantryman Course in April 1996.  However, since the governing regulation states that training courses for combat skills will not be listed on the DD Form 214, there is no basis for granting the applicant's request to show this course in item 14 of his DD Form 214.

5.  The evidence of record shows the applicant completed the 6-week Administrative Specialist Course in March 2002 and the 2-week Administrative Specialist BNCOC in February 2003.  Therefore, item 14 of his DD Form 214 should be corrected to show these courses.

6.  The evidence of record shows the Army Clemency and Parole Board upgraded the applicant's dishonorable discharge to a bad conduct discharge on 29 August 2006.  Therefore, it would be appropriate to correct item 24 of his DD Form 214 to show a bad conduct discharge.

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.  deleting the entry from item 11 of his DD Form 214;

	b.  adding the entry "11B1O INFANTRYMAN - 11 YRS 8 MOS//42L1O ADMIN SP - 6 YRS 8 MOS//NOTHING FOLLOWS" to item 11 of his DD Form 214;

	c.  deleting the entry "BASIC NCO CRS (BNCOC), 8 WEEKS, 2003" from item 14 of his DD Form 214;

	d.  adding the entries "ADMINISTRATIVE SP CRS, 6 WEEKS, MARCH 2002," "BNCOC, 2 WEEKS, JANUARY 2003," and "ADMINISTRATIVE SP BNCOC, 2 WEEKS, FEBRUARY 2003" to item 14 of his DD Form 214;

	e.  deleting the entry from item 24 of his DD Form 214; and

	f.  adding the entry "BAD CONDUCT" to item 24 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:

	a.  amending item 11 of his DD Form 214 to show he served in MOS 11B for 5 years and 11 months or that he served in MOS 42L for 4 years and 2 months and

	b.  amending item 14 to show he completed the Light Weapons Infantryman 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)                                         AR20090014065



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ABCMR Record of Proceedings (cont)                                         AR20090014065



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