MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          28 March 2002                    
	DOCKET NUMBER:  AR2001060086

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect completion of Basic and Advanced Individual Training in the Military Occupational Specialty (MOS), 11C, Indirect Fire Infantryman.

APPLICANT STATES: In effect, that he completed the training and feels that he should be given credit and it should be shown on his DD Form 214.

EVIDENCE OF RECORD: The applicant's military record shows:

The applicant enlisted in the US Army’s Delayed Entry/Enlistment Program on
12 August 1998.  He was discharged from the Reserve Component and entered active duty on 28 July 1999 with an enlistment commitment of four (4) years.

After reception and other processing activities conducted at the 30th Adjutant General Battalion at Fort Benning, Georgia, he was assigned, on 24 August 1999, to D Company, 1st Battalion, 50th Infantry, to undergo One Station Unit Training (OSUT) as an Indirect Fire Infantryman, MOS 11C.

Although the specific date is not available, applicant departed from Fort Benning on leave enroute to his next duty station, Fort Campbell, Kentucky.  While on leave the applicant signed in at Walter Reed Army Medical Center for treatment.  Following treatment, he was returned to his OSUT Company at Fort Benning for appropriate follow-on actions.

According to information contained in a Developmental Counseling Form, dated 27 March 2000, applicant allegedly graduated from D Company, 1st Battalion, 50th Infantry, on 24 November 1999.  Review of applicant's records failed to reveal a training certificate or an order awarding him an MOS.  Item 11 (Primary Specialty) and Item 14 (Military Education) of his DD Form 214 both show the entry, "None//Nothing Follows."

On 27 March 2000, applicant was notified that he was being recommended for separation from service under the provisions of Army Regulation (AR) 635-200, Chapter 5.

On 24 May 2000, orders were published by Headquarters, United States Infantry Center, Fort Benning, Georgia, assigning the applicant to the US Army Transition Point, Fort Benning, Georgia, with a reporting date of 30 May 2000 for discharge from the Regular Army.

The applicant’s record is void of facts and circumstances concerning events that led to his discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214.  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.  

Applicant was honorably discharged on 30 May 2000.  On his date of separation, applicant had completed a total of 10 months and 3 days creditable active service.  

Because applicant's records did not contain evidence of his having graduated from MOS-producing training and no evidence of orders awarding him an MOS, a letter was sent to him in care of the Department of Veterans Affairs in Williamsport, Pennsylvania (the address that applicant used as his current address on his Application for Correction of Military Records, DD Form 149), asking for copies of these or any documents that he might have in his possession.  Applicant only provided another copy of the same Developmental Counseling Form which had been initially provided with his application.

AR 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that, Item 11, Primary Specialty, will include the title of all MOS (Military Occupational Specialty) that the service member served in for at least one (1) year.  Instructions for this item specifically state the following: “Do not count basic training and AIT (Advanced Individual Training).”

The same regulation establishes the policies and procedures for completion of Item 14 (Military Education).  Specifically, it states, “ . . . . list formal in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214.”  Instructions go on to say, “Include title, length in weeks, and year completed.  This information is to assist the soldier in job placement and counseling; therefore, do not list training courses for combat skills.”

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.  There is no evidence that the applicant was awarded the MOS 11C or any other MOS while on active duty.  Applicant's entire tenure on active duty was spent as a trainee.  The time spent in a training mode is not creditable towards the one year service requirement specified by AR 635-5 for entering an MOS Code in Item 11, DD Form 214.

2.  The Board noted applicant's contentions that he graduated from both basic and advanced individual training; but, it must comply with regulatory requirements of AR 635-5 which specifically states to, ". . . . list formal in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214.”  Instructions go on to say, “Include title, length in weeks, and year completed.  This information is to assist the soldier in job placement and counseling; therefore, do not list training courses for combat skills.”  It should be pointed out that even if training for award of MOS 11C was completed, it is a combat arms MOS and would not be entered on his DD Form 214 due to this regulatory restriction.

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

__fne___  __le____  __tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060086	
SUFFIX		
RECON		
DATE BOARDED	20030328	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	100.0700	
3.		
4.		
5.		
6.