IN THE CASE OF:  	  

		BOARD DATE:  16 September 2014	  

		DOCKET NUMBER:  AR20130020545 


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 to the following entries on his DD Form 214 (Certificate of Release or Discharge from Active Duty) as indicated:

* item “11e” – to show his 5 plus years at Aberdeen Proving Grounds
* item 13 - (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – to show the entries reflected in item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record)
* items 14 (Military Education) – to show “JST” courses/Army Continuing Education System (ACES) at Fort Knox, Kentucky

2.  The applicant states, for the record, he encloses legal modifications and prior Army Service with Tank Ammunitions, clearances, Employee Support of the Guard and Reserve (ESGR) awards, “IPD” courses with a legal college degree, and “USVA” endorsements from “BVA” Pro Bono.

3.  The applicant provides:

* Department of Veterans Affairs letters, dated 16 September 2013, 8 October 2013, 16 May 2013,
* Congress of the United States letter dated 16 March 2010
* DA Form 2-1 (page 1 only)
* Military Course Completions Transcript
* Standard Form 52 (Request for Personnel Action)
* National Personnel Records Center (NPRC) letter dated 18 September 2013
* U.S. Army Human Resources Command (HRC) letters dated 16 March, 12 December 2006, and 21 August 2012
* Certificate of Recognition
* Certificate of Appreciation
* District of Maryland Internet document with self-authored statement
* Army Review Boards Agency letters dated 11 May 2010, and 16 May, 25 June, 21 October, and 22 November 2013
* United States Army Logistics University Transcript and Letter
* Service Members Law Center Email (2 pages)
* Military Course Completion Transcript with self-authored statement
* ARBA –St. Louis letter dated 9 February 1998
* Reserve Officers Association letter dated 14 January 2014

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 military record shows he enlisted in the Regular Army on 10 January 1986, for a period of 4 years.  Item 9 of his DA Form 2-1 shows he earned no awards.

3.  A DA Form 4856-R (General Counseling Form) dated 31 January 1986 shows the applicant:

* was referred to Community Mental Health Services (CMHS) during his first week of basic training because he had problems retaining information and was always nervous
* was interviewed by CMHS with his unit commander present
* was referred to the Department of Psychology for testing on 30 June 1986, where his impression revealed some unusual thought process and some memory problems tendencies
4.  On 24 February 1986, the unit commander notified the applicant he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200 (Enlisted Separations), by reason of entry level performance and conduct.  He cited the applicant's inability to gain and retain knowledge and his demonstrated performance, which indicated he did not possess the requisite ability required to successfully complete training, as the basis for the separation action.

5.  On 28 February 1986, the appropriate separation authority approved the applicant's entry level separation and directed he be issued an uncharacterized discharge.  On 28 February 1986, the applicant was discharged accordingly.

6.  The DD Form 214 issued the applicant upon his discharge from active duty shows he completed 1 month and 21 days of total creditable active duty service.  It also contains the entry "NONE/NOTHING FOLLOWS" in items 11 (Primary Specialty Number, Title and Years and Months I Specialty), 13, and 14.

7.  The applicant's official military personnel file (OMPF) contains no documents to show he ever served in the Army at any other time outside the aforementioned period from 10 January – 28 February 1986.

8.  The applicant provides a Military Course Completions Transcript that includes his name and appears to show he completed a basic training course during the period 17 January – 13 March 1986.  It also shows he completed the Test and Evaluation Management Course at Fort Lee, Virginia during the period 
7 – 11 December 1981.

9.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 of this regulation contains guidance on the preparation and distribution of the DD Form 214 and it states:

   a.  Item 11 will contain all MOSs in which a member served in for at least 1 year and will include the number of years and months served for each MOS entered.  For time determination, 16 days or more count as a month.  Time served in basic training and AIT does not count.
   
   b.  Item 13 states to list awards and decorations for all periods of service in priority, as listed in Army Regulation 600-8-22, which does not include certificates of achievement.

	c.  Item 14 will contain formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.
   
DISCUSSION AND CONCLUSIONS:

The applicant contends items “11e,” 13, and 14 of his DD Form 214 should be corrected.  However, the evidence of record confirms the applicant failed to successfully complete any military training to obtain a military occupational specialty to list in item 11 or to fulfill the regulatory requirement for an entry in item 14.  In addition, he earned no awards during his brief period of active duty service that would have allowed for an entry item 13.  Accordingly, there is no basis to grant the requested relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      __________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)                                         AR20130020545





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020545



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1