MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2000                  
	DOCKET NUMBER:   AR1999030061

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. James P. Stueve		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:  That an entry on his DA Form 20 (Enlisted Qualification Record) be deleted.  He also requests that his military records be corrected to show completion of Motor Pool Training.   

APPLICANT STATES:  That he has never been in prison and that page 4 of his DA Form 20 shows that he was confined in the Indiana State Reformatory.  In support of his application, he submits a VA Form 21-4138 (Statement in Support of Claim), dated 2 August 1999, wherein he requests that his DA Form 20 be amended because he has never been in prison as reflected on his DA Form 20.  He also contends that he completed Motor Pool Training and that this course is not shown on his military records.  He submits a copy of his DD Form 214, a letter from the Supervisor of Records at the Indiana Department of Correction dated 21 July 1999 and a copy of his DA Form 20.   

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

The applicant was inducted on 16 May 1966.  He served in Germany from 17 October 1966 through 26 April 1968 and was honorably discharged on 27 April 1968 and transferred to the USAR.  Item 42 (Remarks) of the applicant’s DA Form 20 shows “DROPPED FROM ROLLS PER LO #01-28038 dtd 9JAN70. CONFINED INDIANA STATE REFORMATORY”.

There is no evidence in the applicant’s personnel records which shows he completed Motor Pool Training.  Item 25 (Education and Training Completed) on his DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show Motor Pool Training.  Item 27 (Military Education) on his DA Form 20 does not show Motor Pool Training. 

The applicant’s records contain Letter Orders Number 01-28038, dated
9 January 1970, which shows he was dropped from the rolls of the USAR due to his conviction and sentence to confinement by civil court.  A DA Form 2800 (CID Report of Investigation), dated 24 October 1969, states the applicant was confined in the Indiana State Reformatory in Pendleton, Indiana.  

The applicant provided a letter from the Supervisor of Records of the Indiana Department of Correction, dated 21 July 1999, which indicates that there is no record of the applicant ever being incarcerated with the Indiana Department of Correction as of 21 July 1999. 

Based on Army regulation, the DA Form 20 (Enlisted Qualification Record) became obsolete in 1974 and is no longer maintained.  

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 25 (Education and Training Completed) 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. 

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.  Notwithstanding his contention that he was never in prison and the letter from the Indiana Department of Correction letter, military records show the applicant was confined at the Indiana State Reformatory in Pendleton, Indiana, in 1969.  Therefore, he is not entitled to amendment of any records to delete references to this civil confinement.  It should also be noted that since the DA Form 20 became obsolete in 1974 and is no longer maintained, this Board no longer has authority to alter this record.

2.  There is no evidence of record available to the Board which shows the applicant completed Motor Pool Training; therefore, he is not entitled to correction of his military records to show completion of this course. 

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 the aforementioned 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

RGH____  BJE____  JPS_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030061	
SUFFIX		
RECON		
DATE BOARDED	20000412	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680427	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	126.0400	
2.	100.0700	
3.		
4.		
5.		
6.