MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001
	DOCKET NUMBER:   AR2000048243

	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.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, Jr.		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:  In effect, that his military occupational specialty (MOS) of 31K (Combat Signaler) be added to his record.  

APPLICANT STATES:  In effect, that he finished advanced individual training (AIT) at Fort Gordon, Georgia and his MOS of 31K was not included in his Department of Defense (DD) Form 214 (Certificate of Release or Discharge from Active Duty).

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

On 8 November 1990, he enlisted in the Regular Army for two years and 
twenty-four weeks, in the rank and pay grade of private first class/E-3.  On 
8 January 1991, he successfully completed basic training at Fort Jackson, South Carolina and he was then assigned to Fort Gordon to attend AIT in MOS 31K.

The applicant’s Department of the Army (DA) Form 2-1 (Personnel Qualification Record) shows, in block 17 (Military Schools), that he attended 31K AIT at Fort Gordon but did not complete the course.  His Military Personnel Records Jacket (MPRJ) is void of an order awarding him MOS 31K and contains no graduation certificate or any other document that confirms that he graduated form the 31K course at Fort Gordon. 

The MPRJ contains a separation packet that shows the applicant amassed an extensive disciplinary history while attending AIT.  This included his acceptance of nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on four separate occasions.  

On 28 February 1991, the applicant accepted his first NJP for fighting in the barracks, which resulted in his reduction in rank to private/E-2.  On 27 March 1991, he again accepted NJP, this time for being disrespectful to a noncommissioned officer (NCO).  On 2 April 1991, he accepted his third NJP for failure to repair, which resulted in his being reduced in rank to private/E-1 and on 20 May 1991, he accepted his final NJP for disobeying the lawful order of a 
NCO and failure to repair. 

Based on his disciplinary history, on 20 May 1991, the applicant’s unit commander initiated separation processing, under the provisions of chapter 14, Army Regulation 635-200, by reason of misconduct.  On 3 June 1991, the appropriate authority approved the action and directed the applicant receive a general, under honorable conditions discharge.  Accordingly, on 6 June 1991, he was separated after completing a total of 6 months and 29 days of active military service. 

The DD Form 214 on file contains a “None” entry in block 11 (Primary Specialty), which would indicate the applicant was never awarded a MOS while serving on active duty.  Block 14 (Military Education) contains a “None” entry which verifies that he never completed the 31K course at Fort Gordon. 

Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for individuals upon separation.  It establishes standardized policy for preparing and distributing DD Form 214.  Table 2-1 contains block by block preparation instructions for the DD Form 214.  The specific instructions for completing block 11 are, in effect, to enter the primary MOS code awarded to an enlisted member and any other MOS code held by a member for a year or more. Block 14 instructions state, in effect, that all military courses completed during the period of service will be listed.  

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 noted the applicant’s contention that he completed training in MOS 31K and that this training data should be added to his separation document.  However, after carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board finds this claim lacks merit. 

2.  The evidence of record shows that, while the applicant did attend 31K AIT at Fort Gordon, he never completed the training nor were orders ever published awarding him the MOS.  Therefore, lacking evidence to the contrary, the Board finds no basis on which to grant the requested relief. 

3.  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 this requirement.

4.  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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jhl___  __dh____  ___gp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000048243	
SUFFIX		
RECON		
DATE BOARDED	2001/02/08	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1996/06/06	
DISCHARGE AUTHORITY	AR 635-200 C14	
DISCHARGE REASON	Misconduct	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.