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		IN THE CASE OF:	  

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140013057 


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:

	a.  Correction and/or verification of the entries listed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) in:

* item 1 (Name) to show her last name as "Young" vice "Davis"
* items 4a and 4b (Grade, Rate or Rank/Pay Grade) to show her rank/grade as "specialist (SPC)/E-4" vice "private (PV1)/E-1"
* item 7 (Last Duty Assignment and Major Command) to show "611th Supply Co, 1900 Broening Highway, Baltimore, MD  21224-6098" vice "Company A, 4th Battalion, 1st Signal Support Brigade, U.S. Army Signal Command and Fort Gordon"
* item 8 (Station Where Separated) to show "Baltimore, MD" vice "Fort Gordon, GA"
* item 9 (Command to which Transferred) to show "611th Supply Co, 1900 Broening Highway, Baltimore, MD  21224-6098" vice "156th Signal Platoon, 1669 Berryhill Road, Milton, FL  32570"
* item 10 (Servicemens' Group Life Insurance (SGLI) Coverage) verification of the entry $35,000.00 
* item 11 (Primary Specialty Number, Title and Years in Specialty) to add the entry "Retention Assistant"
* item 12 (Record of Service) verification of the entries
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add two awards of the “Overseas Medal”
	b.  Correction of her records to show she is entitled to a 5-point veteran's preference, and providing her with a point of contact and the appropriate documentation to help her become reemployed in the Federal government.

	c.  An official statement from the Army Board of Correction of Military Records (ABCMR) stating she is eligible for a Department of Veterans Affairs (VA) Certificate of Eligibility (COE).

	d.  Correction of her Chronological Statement of Retirement Points to list all the points she earned during all the years of her continuous service.

	e.  Correction of her DA Form 2-1 (Personnel Qualification Record – Part II) in:

* item 1 (Name) to show her middle name as "LaKay" vice "LaKey"
* item 5 (Overseas Service) to show she was assigned in Giessen, Germany
* item 6 (Military Occupational Specialty (MOS) to add MOS 71L (Administrative Specialist/Retention Assistant
* item 9 (Awards, Decorations and Campaigns) to add the “Overseas Medal” (1st and 2nd Award)
* item 17 (Civilian Education and Military Schools) to show she attended the City College of Chicago (remotely) from 1986 to 1988
* item 23 (Place of Birth and Citizenship (Spouse) to list her husband's name and show he is a US citizen
* item 24 (Number of Dependants) to show she has 1 child
* item 25 (Home of Record Address) to show "Forestville, MD" vice "Suitland, MD"
* item 26 (Civilian Occupation) to show her job title as Secretary, GS-0343-6; to show she performed administrative duties in the Division of Information Systems; and to show her employer as the National Science Foundation

2.  The applicant states, in effect, the errors in her record are inhibiting her ability to obtain employment with the Federal government and to be promoted in the Federal government because her records show she does not have any veteran’s point preference.  Additionally, her records do not list all of the retirement points she earned during her military service.  Therefore, she is not able to get a VA loan for her mortgage because she no longer has a valid VA COE and is unable to obtain a new one.  Finally, many of the items on her DD Form 214 are incorrect because they do not reflect the conditions that existed at the time of her discharge from the U.S. Army Reserve in 1993.

3.  The applicant provides:

* cover letter, dated 28 June 2014
* self-authored statement, marked urgent, dated 7 October 2014
* self-authored statement, continuation of cover letter, undated
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 3 October 1984
* Orders Number 201-29, dated 3 October 1984
* Orders Number 45-9, dated 6 March 1985
* DD Form 214 for the period ending 16 March 1985
* DA Form 4447-R (Adjustment Certification Worksheet), dated 11 April 1985
* Orders Number 5-1, dated 13 September 1985
* DA Form 4187, dated 13 October 1985
* copy of her passport, issued 5 November 1985
* Travel Orders, dated 27 December 1985
* Orders Number 7-5, dated 30 December 1985
* Instructions for Space Available Overseas Travel, dated 3 January 1986
* Orders Number 27-35, dated 12 February 1986
* DA Form 3434 (Notification of Personnel Action – Nonappropriated Funds Employee), dated 5 May 1986
* DA Form 3434, dated 28 August 1986
* DA Form 3434, dated 28 August 1987
* Standard Form (SF) 50-B (Notification of Personnel Action), dated 
27 August 1987
* SF 50-B, dated 27 September 1987
* SF 600 (Chronological Record of Medical Care), dated 4 November 1987
* SF 50-B, dated 10 January 1988
* SF 50 –B, dated 5 April 1988
* Orders Number 042-016, dated 11 February 1991
* Chronological Statement of Retirement Points, dated 11 March 1991
* Memorandum, dated 7 April 1991
* Orders Number 086-017, dated 19 April 1991
* Leave and Earning Statement (LES) for the period 1 – 30 April 1991
* LES for the period 1 – 31 May 1991
* list of names, ranks, social security numbers (SSN), addresses, and duty titles
* DA Form 4187 (Personnel Action), dated 24 August 1991
* letter, dated 1 October 1991
* Orders 004-019, dated 1 October 1991
* memorandum, additional duty appointment, dated 1 October 1991
* Orders Number 008-028, dated 8 October 1991
* LES for the period 1 – 31 October 1991
* memorandum reference the Sponsorship Program, dated 19 November 1991
* Orders Number 15-31, dated 6 April 1992
* Orders Number D-06-346747, dated 8 June 1993
* Honorable Discharge Certificate, dated 8 June 1993
* DA Form 2-1 (Personnel Qualification Record – Part II)
* VA COE, dated 6 April 2012
* letter from the VA Atlanta Regional Loan Center, dated 7 October 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.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines the applicant has not exhausted all available administrative remedies.  There is no evidence showing the applicant submitted her request for correction of her Chronological Statement of Retirement Points to, and was denied relief by, the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PSR, 1600 Spearhead Div Ave, Fort Knox, KY 40122-5400.  Since she has not exhausted her administrative remedy with respect to correcting her retirement points, the ABCMR cannot take any further action at this time.  Therefore, the issue of her retirement points will not be addressed further in these proceedings.

3.  Her record contains a DD Form 4 dated 3 October 1984, which shows she enlisted in the USAR on 3 October 1984 for a period of 8 years.  Item 1 (Name) of this form shows her middle name as "LaKay" and her last name as "Davis."

4.  Orders Number 201-29, issued by MEPS, Montgomery, AL on 3 October 1984, ordered her to Initial Active Duty for Training (IADT).  These orders directed her to proceed from her current home address (Pensacola, FL) and report to the MEPS no later than 0600 on 25 October 1984, and then report to the U.S. Army Reception Station, Fort Jackson, SC on 2 November 1984 for basic combat training and to Fort Gordon, GA on 4 January 1985 for Advanced Individual Training.  These orders also show her pay entry basic date as 
3 October 1984, her middle initial as "L.," and her last name as "Davis."

5.  She provided Orders Number 45-9, issued by Headquarters, U.S. Army Signal Command and Fort Gordon, Fort Gordon, GA, on 6 March 1985.  These orders relieved her from active duty training (ADT) effective 16 March 1985 and stated that on the date immediately following her relief from ADT she would be returned to her unit, the 156th Signal Platoon, 1669 Barryhill road, Milton, FL  32570.  Additionally, her middle initial was listed as "L." and her last name as "Davis."

6.  Her record does not contain documentation indicating the amount of her SGLI coverage.

7.  She was honorably released from ADT on 16 April 1985.  Her DD Form 214 shows her narrative reason for separation as "Reserve Component personnel upon completion of Military Occupational Specialty (MOS) training."
Her DD Form 214 also shows in:

* item 1 show her last name as "Davis" and her middle name as "LaKay"
* items 4a and 4b show her rank/grade as " PV1/E-1"
* item 7 shows contains the entry "Company A, 4th Battalion, 1st Signal Support Brigade, U.S. Army Signal Command and Fort Gordon"
* item 8 contains the entry "Fort Gordon, GA"
* item 9 contains the entry "156th Signal Platoon, 1669 Berryhill Road, Milton, FL  32570"
* item 10 contains the entry $35,000.00
* item 11 contains the entry "31K1O Combat Signaler"
* item 12a (Date Entered Active Duty this Period) contains the entry 
"84  10  25"
* item 12b (Separation Date this Period) contains the entry "85  03  16"
* item 12c (Net Active Service this Period) contains the entry "00  04  22"
* item 12d (Total Prior Active Service) contains the entry "00  00  00"
* item 12e (Total Prior Inactive Service) contains the entry "00  00  22"
* item 12f (Foreign Service) contains the entry "00  00  00"
* item 12g (Sea Service) contains the entry "00  00  00"
* item 12h (Effective Date of Pay Grade) contains the entry "84  10  03"
* item 12i (Reserve Obligation Termination Date) contains the entry "92  10  02"
* item 13 shows she was awarded or authorized the Army Service Ribbon and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* item 21 (Signature of Member Being Separated) shows she affixed her signature and signed her last name as "Davis"

8.  She provided a DA Form 4447-R, dated 11 April 1985, which shows she was promoted to the rank/grade of private (PV2)/E-2 effective 11 April 1985.  This form also shows her last name as "Davis" and her unit of assignment as "156th Signal Platoon, 1669 Berryhill Road, Milton, FL  32570."

9.  She provided Orders Number 5-1, issued by the "156th Signal Platoon, 1669 Berryhill Road, Milton, FL  32570," on 13 September 1985, which shows she was promoted to private first class (PFC)/E-3 in MOS 31K, with an effective date and date of rank of 13 September 1985.

10.  She provided a DA Form 4187, dated 13 October 1985 which shows was married on 27 September 1985 and changed her last name from "Davis" to "Young."

11.  She provided Orders Number DTAL 12-101, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, AL, on 27 December 1985.  These orders, subject: Authorization for Space Available Travel of Dependents Overseas via Military Aircraft, show her authorization was available as of 
17 December 1985 and her travel was to be completed by 17 February 1986.  Her final destination was listed as Giessen, Germany.  She was authorized travel as a spouse.

12.  She provided Orders Number 7-5, issued by the 156th Signal Platoon, 1669 Berryhill Road, Milton, FL  32570, on 30 December 1985.  These orders show she was awarded the “Overseas Medal” (1st Award) for 14 days (10 August 1985 to 23 August 1985) of overseas duty at Gagetown, Canada. 

13.  She provided Orders Number 27-35, issued by Headquarters, 2nd U.S. Army, Fort Gillem, GA, on 12 February 1986 showing she was released from her assignment to the 156th Signal Platoon, Milton, FL and reassigned to the USAR Control Group (Annual Training), effective 12 February 1986.  These orders show her MOS as 31K and indicate the reason for reassignment was her overseas residency.   

14.  She provided DA Forms 3434, dated 5 May 1986, 28 August 1986,             28 August 1987, which show she was working as a civilian employee in Giessen, Germany.

15.  She provided SFs 50-B, dated 27 September 1987, 10 January 1988, and 
5 April 1988, which show she was working a civilian employee in Giessen, Germany.  

16.  She provided an SF 600, dated 4 November 1987, which shows she received medical treatment in Giessen, Germany

17.  She provided Orders Number 042-016, issued by the 89th U.S. Army Reserve Command, Wichita, KS, on 11 February 1991.  These orders show she was reassigned from a unit in Manhattan, KS to the 611th Support Company, Baltimore, MD effective 11 February 1991.  At this time she was assigned to the MOS management designation 31K.

18.  She provided LESs for the periods 1 – 30 April 1991, 1 – 31 May 1991, and 1 – 31 October 1991 showing she received military pay during these periods.

19.  She provided a DA Form 4187, dated 24 August 1991 which shows she was promoted to SPC/E-4 with an effective date and DOR of 23 August 1991.

20.  She provided a memorandum, subject: "Additional Duty Appointment, dated 
1 October 1991 showing she was appointed to the additional duty of retention assistant.

21.  She provided various orders showing she was ordered to active duty to perform annual training (AT) and active duty for special work (ADSW), all of which ordered her to periods of active duty that were for a duration of approximately 2 weeks or less.

22.  She provided a memorandum, subject: Sponsorship Program, dated 
19 November 1991 showing she was appointed to act as a sponsor for a new incoming Soldier.

23.  She provided Orders Number 15-31, issued by  the 310th Theater Army Area Command, Joint Singleton Mosby USAR Center, Fort Belvoir, on 6 April 1992 which shows she was released from her assignment to the 611th Support Company, Jacelin USAR Center, Baltimore, MD and reassigned to the USAR Control Group (Reinforcement), effective 30 April 1992.  The orders also indicate the transfer was voluntary.  

24.  Her DA Form 2-1 shows in:

* item 1, her middle name was listed as "LaKey"
* item 5, no overseas service 
* item 6, her MOS was listed as 31K
* item 9, no entry for the “Overseas Medal” (1st and 2nd Award)
* item 17, the high school she attended and her AIT
* item 23, no entry listing her husband's name or citizenship  
* item 24, 0 dependents/children 
* item 25, her home of record address as "Suitland, MD"
* item 26 (Civilian Occupation), "None" 

25.  Orders Number D-06-346747, issued by the U.S. Army Personnel Center on 8 June 1993, show she was honorably discharged from the Ready Reserve on 
8 June 1993.

26.  She provided an Honorable Discharge Certificate, dated 8 June 1993, which shows she was honorably discharged from the U.S. Army.  

27.  She provided a VA COE, dated 6 April 2012.  

28.  The Office of Personnel Management (OPM) has published policy guidance on their web site in reference to veterans' preference points.  This guidance states veterans' preference in its present form comes from the Veterans' Preference Act of 1944, as amended, and is now codified in various provisions of Title 5, United States Code (USC).  By law, veterans who are disabled or who served on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over others in hiring from competitive lists of eligible applicants and also in retention during reductions in force.

	a.  Preference in hiring applies to permanent and temporary positions in the competitive and excepted services of the executive branch. Preference applies in hiring from civil service examinations conducted by the OPM and agencies under delegated examining authority, for most excepted service jobs. Veterans' preference does not apply to promotion, reassignment, change to lower grade, transfer or reinstatement.

	b.  The following preference categories and points are based on Title 5 USC, sections 2108 and 3309 as modified by a length of service requirement in Title 38 USC, section 5303A(d). 

		(1)  5-Point Preference:   Five points are added to the passing examination score or rating of a veteran who served during a war; or during the period 28 April 1952 through 1 July 1955; or for more than 180 consecutive days, other than for training, any part of which occurred after 31 January 1955, and before 15 October 1976; or during the Gulf War from 2 August 1990, through 
2 January 1992; or for more than 180 consecutive days, other than for training, any part of which occurred during the period beginning 11 September 2001, and ending on the date prescribed by residential proclamation or by law as the last day of Operation Iraqi Freedom; or in a campaign or expedition for which a campaign medal has been authorized. 

		(2)  Any Armed Forces Expeditionary medal or campaign badge, including El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti, qualifies for preference.

29.  The Department of Veterans Affairs (VA) has published policy guidance on their web site in reference to the COE.  The COE verifies to the lender that an individual is eligible for a VA-backed loan. The VA web site describes the evidence applicants must submit to verify their eligibility for a VA home loan and how to submit the evidence and obtain a COE.

30.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed the preparation of and the various entries on the DA Form 2-1.  A DA Form 2-1 provides a record of an individual's personnel management qualifications such as grade, skills, physical limitations, and assignment history and it is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.

31.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for individuals upon retirement discharge or release from active military service or control of the Army.  It established standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.

	a.  Paragraph 1-4 (DD Form 214) states a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from the Active Army.  Personnel included are members of the USAR who are separated:

		(1)  For physical disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) regardless of the period of time served on active duty. 

		(2)  After completing 90 days or more of continuous ADT, full-time training duty (FTTD) or active duty support.

		(3)  After completing initial active duty for training (IADT) which resulted in the award of an MOS even though the active duty was less than 90 days.  This includes completion of AIT under the USAR Split Training Program.

		(4)  From a special active duty training program tour. (i.e., tours for projects relating to Reserve Component programs that require Reserve Component expertise such as unit conversions to new weapons systems).

	b.  Table 2-1 (DD Form 214 Preparation Instructions) states for:

* item 1 - Enter name in all capital letters. 
* items 4a and 4b - Enter active duty grade of rank and pay grade at time of separation
* item 7 - Enter last unit of assignment, major command, and the corresponding two character assignment code 
* item 8 - Enter Army station or installation and State.
* item 9 - When the type of separation is release from ADT and the service member will be returned to their USAR unit then the entry is the designation of the unit to which the member is assigned
* item 10 - Enter the amount of Servicemen's Group Life Insurance coverage, or "X. for none.
* item 11 - Enter the MOS codes, titles, years, and months for enlisted personnel.
* item 12a - Enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5)
* item 12b - self-explanatory
* item 12c - All service entered will be Iess time lost under Title 10 USC, Section 972 and time lost after expiration of term of service
* item 12d - All service entered will be Iess time lost under Title 10 USC, Section 972 and time lost after expiration of term of service
* item 12e - All service entered will be Iess time lost under Title 10 USC, Section 972 and time lost after expiration of term of service
* item 12f - Enter the total amount of foreign service completed during the period covered in item 12c
* item 12g - self-explanatory
* item 12h - Enter the effective date of promotion to pay grade.
* item 12i - Time lost under Title 10 USC, Section 972 while on active duty does not extend the terminal date of the Reserve obligation under the Military Selective Service Act
* item 13 - self-explanatory

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested, with respect to her DD Form 214:

	a.  correction of her DD Form 214 in – 

		(1)  item 1, to show her last name as "Young" vice "Davis"; however, at the time of her release from IADT she was unmarried and her last name was "Davis."

		(2)  items 4a and 4b, to show her rank grade as "specialist (SPC)/E-4" vice "private (PV1)/E-1"; however, at the time of her release from IADT she held the rank/grade "private (PV1)/E-1."

		(3)  item 7, to show her last duty assignment and major command as "611th Supply Co, 1900 Broening Highway, Baltimore, MD  21224-6098" vice "Company A, 4th Battalion, 1st Signal Support Brigade, U.S. Army Signal Command and Fort Gordon"; however, the evidence of record shows that at the time of her release from IADT her last duty assignment and major command was "Company A, 4th Battalion, 1st Signal Support Brigade, U.S. Army Signal Command and Fort Gordon."

		(4)  item 8, to show the station where separated as "Baltimore, MD" vice "Fort Gordon, GA"; however, the evidence of record shows she was released from IADT at Fort Gordon, GA.

		(5)  item 9, to show she was transferred to the "611th Supply Co, 1900 Broening Highway, Baltimore, MD  21224-6098" vice "156th Signal Platoon, 1669 Berryhill Road, Milton, FL  32570"; however, the evidence of record shows that at the time of her release from IADT she was assigned to the "156th Signal Platoon, 1669 Berryhill Road, Milton, FL  32570" and therefore she was properly transferred back to this unit.

		(6)  item 11, to add the entry "Retention Assistant" and "Sponsor"; however, these were additional duty assignments and had no bearing on her MOS.  Furthermore, at the time of her release from IADT she had not yet held those additional duty assignments.  The evidence of record shows her MOS was properly entered as 31K.

		(7)  item 13, to add two awards of the “Overseas Medal.”  However, the applicant was released from IADT on 16 March 1985 and did not receive her first award of the “Overseas Medal” until 30 December 1985 for the period 10 August 1985 to 23 August 1985.  The date the award was issued and the period covered occurred after her release from IADT.
	b.  verification of the entries on her DD Form 214 in – 

		(1)  item 10, to determine whether or not the entry $35,000.00 was correct. However, her record does not contain and she has not provided any evidence to show how much SGLI coverage she had at the time of her release from IADT; furthermore, this entry would no longer have any bearing on her eligibility for benefits.  

		(2)  item 12, to determine whether or not the entries are correct.  A review of the entries in items 12a in 12a – 12i, and the evidence of record indicate that the entries currently displayed are correct and appropriate based on the date of her release from IADT.  

	c.  The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect subsequent service in the USAR.  Based on the evidence of record, the entries on her DD Form 214 are correct, as such, there is no basis for the Board to correct her DD Form 214.

2.  She requested correction of her records to show she is entitled to a 5-point veterans’ preference and that the ABCMR provide her with a point of contact and the appropriate documentation to help her become reemployed in the Federal government.  This portion of her request is not within the Board's purview and the Board can neither provide her any form of corrective action nor issue her a document stating she is entitled to a 5-point preference, or assist her in becoming reemployed in the Federal government.  However, the Board does recommend she contact OPM, as OPM personnel are better suited to assist her with her questions and concerns regarding point preference and civilian employment in the Federal government.  

3.  She also requested an official statement from the ABCMR stating she is eligible for a VA COE.  This portion of her request is not within the Board's purview and can neither provided her any form of corrective action, nor issue her a document stating he is entitled to a VA COE.  The board recommends she visit the VA website and talk to a local VA representative who may be able to assist her in seeking a VA COE, as this benefit falls within the purview of the VA.

4.  She further requested numerous corrections to her DA Form 2-1.  The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation.  Since the DA Form 2-1 is now obsolete and is not normally accessible by individuals other than the Soldier, there is no basis for correcting her DA Form 2-1.

5.  Based on the foregoing, there is insufficient evidence to grant the requested relief.

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)                                         AR20140013057





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ABCMR Record of Proceedings (cont)                                         AR20140013057



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