BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100010254
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was assigned to Company C, 1st Battalion, 82nd Aviation Brigade, 82nd Airborne Division, in lieu of Company C, 1st Battalion, 52nd Aviation Brigade, 82nd Airborne Division.
2. The applicant states he was not assigned to the unit shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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. After completing prior service in the Army National Guard, the applicant enlisted in the Regular Army on 2 March 1988.
3. Orders published on 28 September 1988 assigned the applicant to Company C, 1st Battalion, 82nd Aviation Brigade, 82nd Airborne Division, on 29 September 1988.
4. The applicant's service record includes several documents which show he was assigned to Company C, 1st Battalion, 82nd Aviation Brigade, 82nd Airborne Division, to include the following:
* DA Form 2-1 (Personnel Qualification Record)
* Noncommissioned Officer Evaluation Reports covering the periods February 1991 through August 1991, September 1991 through February 1992, and March 1992 through February 1993
* award certificate for the Army Commendation Medal
5. Orders published on 2 December 1992 reassigned the applicant to the Fort Bragg Transition Point for transition processing with a reporting date of 22 February 1993. These orders show he was assigned to Company C, 1st Battalion, 82nd Aviation Brigade, at that time.
6. The applicant was released from active duty on 1 March 1993. Item 8 (Last Duty Assignment and Major Command) of his DD Form 214 shows he was assigned to Company C, 1st Battalion, 52nd Aviation Brigade, prior to his separation. His service record does not show he was assigned to the 52nd Aviation Brigade.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The regulation states the last duty assignment and major command with the corresponding two character assignment code per Army Regulation
680-29 (Military Personnel, Organization, and Type of Transaction Codes) will be entered in item 8a of the DD Form 214.
8. The website for the 82nd Airborne Division listed the 82nd Combat Aviation Brigade as a subordinate unit. This website did not list the 52nd Aviation Brigade as a subordinate unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was not assigned to the unit shown on his DD Form 214 is acknowledged and is supported by the evidence of record.
2. The applicant's DD Form 214 currently reflects his last duty assignment and major command as Company C, 1st Battalion, 52nd Aviation Brigade. However, his service record contains documents which show he was assigned to the 82nd Aviation Brigade of the 82nd Airborne Division. The 82nd Airborne Division website did not list the 52nd Aviation Brigade as a unit. It is very possible a typographical error occurred during the preparation of his DD Form 214 when "52" was typed instead of "82."
3. It appears that an administrative error occurred when the applicant's last duty assignment was recorded on his DD Form 214. Therefore, it would be appropriate to amend his DD Form 214 to show his last duty assignment and major command as Company C, 1st Battalion, 82nd Aviation Brigade, in lieu of Company C, 1st Battalion, 52nd Aviation Brigade.
BOARD VOTE:
___x_____ ____x__ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
deleting the entry "CO C 1/52D AVN BDE" from item 8a of his DD Form 214 and replacing it with the entry "CO C 1/82D AVN BDE."
______________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) AR20100010254
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ABCMR Record of Proceedings (cont) AR20100010254
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