IN THE CASE OF:	   

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150000188 


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 reconsideration of his earlier request for an upgrade of his bad conduct discharge.

2.  As a new issue, he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show College Level Examination Program (CLEP) classes.  

3.  The applicant states there were a few CLEP classes that he took to help with promotions which are not on his DD Form 214.  He adds that maybe it is an oversight but he did one class before he went to the Primary Leadership Development Course (PLDC) and he did the other while in Frankfurt, Germany.  He has been a model United States citizen and he upholds the law and gives back to the community.  He has taken all the values the Army has taught him and he incorporates those values in his everyday life.  He also encourages young adults to join the military to make a better life for themselves and others.  He works in the medical field as a certified surgeon’s assistant and he has done this job since being discharged from military.  Between God, the military and the Masonic Lodge, he is grateful for all his accomplishments.  This is his only blemish in life. 

4.  The applicant does not provide any additional evidence. 


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.  With respect to the discharge upgrade: 

	a.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered.  

	b.  A review of the applicant's records shows he previously requested an upgrade of his discharge and his case was considered by the ABCMR on 28 January 1998 (ABCMR Docket Number AC93-06163). 

	c.  The Board staff reviewed this request for reconsideration, examined the original ABCMR decision, and reviewed the evidence which the applicant submitted in support of his previous application.  From that review, it was determined that the request was neither received within 1 year of the Board's original decision nor does it contain any new evidence.  Accordingly, the applicant does not meet the criteria for a request for reconsideration and the issue of his discharge upgrade will not be discussed further in this Record of Proceedings. 

3.  The applicant's records show he enlisted in the Regular Army on 1 July 1987. He completed the 6-week Medical Specialist Course as well as the 6-week Operating Room Specialist Course.  He held military occupational specialties 91D (Operating Room Specialist) and 91B (Medical Specialist). 

4.  He reenlisted on 1 July 1987 and he was promoted to specialist four/E-4.  He was awarded or authorized the Army Good Conduct Medal (2nd Award), Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. 

5.  He also served in Germany from 6 August 1984 to 8 November 1987 and successfully completed the 4-week Primary Leadership Development Course in 1988. 

6.  On 19 August 1988, at Fort Ord, CA, the applicant was convicted by a general court-martial.  The court sentenced him to a bad conduct discharge, confinement for 9 months, a forfeiture of all pay and allowances, and reduction to the lowest enlisted grade.  

7.  The applicant was discharged on 8 June 1989.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged as a result of court-martial in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) with a bad conduct discharge.  This form further shows he completed 6 years, 5 months, and 19 days of creditable military service during this period and he had lost time from 19 August 1988 to 16 March 1989.  His DD Form 214 also shows in Item 14 (Military Education): 

* Medical Specialist Course, 6 weeks, 1982
* Operating Room Specialist Course, 6 weeks, 1982
* Primary Leadership Development Course, 4 weeks, 1988

8.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Item 14 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

The applicant's records show he completed the 6-week Medical Specialist Course, the 6-week Operating Room Specialist Course, and the 4-week Primary Leadership Development Course.  All these training courses are formal in-service training courses completed during the period covered by the DD Form 214.  They are correctly listed in item 14 of his DD Form 214.  CLEP courses and/or tests are not formal in-service training courses and thus are not listed on the DD Form 214.  

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)                                         AR20150000364



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ABCMR Record of Proceedings (cont)                                         AR20150000188



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