MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            16 May 2000                  
	DOCKET NUMBER:    AR1999027717

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his home of record (HOR) as “251 E. Florence Street, Oglesby, Illinois 61348” in item 7(b); to include the military occupational specialties “11C1P, 11B1C2P and 11H1P” in item 11; and to correct item 13 to show all the citations and badges to which he is entitled, specifically, badges for “Expert Dragon Gunnery” and “Expert Mortarman” (correctly known as the Expert Marksmanship Badge with Mortar Bar).  He also requests correction of item 14 to show the military education he has completed.

APPLICANT STATES:  In effect, that items 7(b), 11, 13, and item 14 of his DD Form 214 are in error and should be corrected to reflect the correct information.  In support of his application, he submits a personal letter, photocopies of his DD Form 214, Form W-4 (Employee’s Withholding Allowance Certificate), DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), Leave and Earnings Statement, Automated DA Form 5286-R (Individual Training Record), three orders, two Certificates of Achievement, award certificate for the Army Achievement Medal, and nine Certificates of Training.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 7 January 1993 for a period of two years.  He completed infantry training and was honorably released from active duty on 6 January 1995.

The applicant’s DD Form 214, which is authenticated in his own hand, shows the entry “4416 E. Plaza Vista #D, Sierra Vista, Arizona  85635” in item 7(b).
His DD Form 4 (Enlistment Contract) also shows his home of record as “4416 E. Plaza Vista #D, Sierra Vista, AZ  85635”.

There is no evidence in the applicant’s records which shows he was awarded or served in military occupational specialty (MOS) 11C1P, 11B1C2P or 11H1P.  Item 11 of his DD Form 214 shows the entry “11B1P INFANTRYMAN 1YR & MOS//NOTHING FOLLOWS//”.

The applicant provided a copy of U.S. Army Infantry Center, Orders 123-84, dated 3 May 1993, which shows his primary MOS as “11B1PC200”.  Also, he provided a copy of U.S. Army Infantry Center, Orders 130-1922, dated 10 May 1993, which indicates his primary MOS as “11C1P” and “11B1P”.

The applicant requested award of the “Expert Dragon Gunnery” badge; however, this badge is not listed in Army Regulation 600-8-22 (Military Awards) as an authorized award.  Therefore, the “Expert Dragon Gunnery” is not discussed further in this proceeding.

The applicant’s DD Form 214 does not show the Expert Marksmanship Badge with Mortar Bar as an authorized award.  There are no orders in the applicant’s records which show he was awarded the Expert Marksmanship Badge with Mortar Bar.  There is no evidence available to the Board to indicate the applicant qualified Expert with a mortar.

The applicant provided three copies of Certificates of Training for correspondence course completions; however, he completed these courses prior to the date of his enlistment into the Army.  In addition, the applicant submitted five copies of Certificates of Training for course completions which indicated he completed the courses after his discharge from active duty.  The applicant completed the Jungle Warfare Course in September 1994, as evidenced by the certificate of completion he provided with his application.  

The Joint Travel Regulation, in effect at the time, served as the authority for correcting a home of record that was erroneously entered at the time of entry on active duty.  It stated, in pertinent part, that a correction must be based on evidence that a bona fide error was made and the home of record as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.  It must not be a place selected for the convenience of the soldier.

Army Regulation 635-5 established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that the primary MOS or Area of Concentration (AOC) and all additional MOS/AOC served for a period of one year or more, during soldier’s continuous active military service will be entered in item 11 (Primary Specialty).

Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that item 14 (military education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills and correspondence courses are not listed on the DD Form 214.

Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes that the applicant’s records correctly document his HOR as “4416 E. Plaza Vista #D, Sierra Vista, Arizona  85635” in item 7(b) of his DD Form 214.  The applicant has not provided documentation to support his contention that his HOR was incorrectly entered on his DD Form 214 at the time he entered active duty.  

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded or served in MOS 11C1P, 11B1C2P or 11H1P.  Evidence of record shows the applicant was awarded MOS 11B1P.  Therefore, the applicant is not entitled to show MOS 11C1P, 11B1C2P and 11H1P in item 11 of his DD Form 214.

3.  There is no evidence of record which shows the applicant qualified Expert with a mortar; therefore, he is not entitled to show award of the Expert Marksmanship Badge with Mortar Bar in item 13 of his DD Form 214.

4.  The applicant submitted several certificates for course completions; however, he did not complete these courses during his period of service.  Therefore, he is not entitled to correction of his DD Form 214 to show these courses.

5.  Evidence of record shows the applicant completed the Jungle Warfare Course in September 1994; however, the Jungle Warfare Course is a training course for combat skills and is not listed on the DD Form 214.  Therefore, he is not entitled to correction of item 14 of his DD Form 214 to show this course.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  VBC_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

AAO____  LE______  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027717	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Karl Schneider	
ISSUES         1.	112.0100	
2.	100.0500	
3.	107.0000	
4.	100.0700	
5.		
6.