IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100023876
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect completion of the Air Assault Course and that block 19b be changed to reflect that his nearest relative is his father (Lloyd D.) instead of his uncle (John C.).
2. The applicant states that his DD Form 214 does not reflect completion of the Air Assault Course of 2 weeks in 2005 and it incorrectly reflects that his nearest relative is his uncle (John C.) instead of his father (Lloyd D.).
3. The applicant provides a copy of a Certificate of Training showing he completed the Air Assault Course from 28 October to 15 November 2005 and a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 18 July 2001, the applicant enlisted in the Regular Army and continued to serve as an infantryman until he was honorably retired in the rank of sergeant on 19 March 2007 due to disability, temporary. He was placed on the Temporary Disability Retired List (TDRL). His DD Form 214 does not reflect completion of the Air Assault Course of 2 weeks in 2005. It does reflect that his nearest relative was his uncle (John C.). He was permanently retired with an 80% disability rating on 26 August 2009.
3. A review of his evaluation reports confirms he completed the Air Assault Course in Hawaii and that he made air assaults in combat in Iraq.
4. The applicant's Record of Emergency Data confirms he named his uncle/loco parentis (John C.) as the beneficiary for his death gratuity. His father was not named as a beneficiary.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that block 19 (Mailing Address after Separation and Nearest Relative) will be provided by the Soldier. This address must be a permanent address. The Soldier will be advised that the name and address of a relative should be someone who will know their location and address at all times. When a close relative is not available, use a close friend. The regulation also provides that the DD Form 214 will be prepared to reflect information that exists or is in effect at the time the DD Form 214 is prepared. Changes that occur subsequent to the effective date the DD Form 214 will not be entered on that form retroactively.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to show he completed the Air Assault Course of 2 weeks in 2005. Accordingly, this course should be added to block 14 of his DD Form 214.
2. The applicants contention that block 19b of his DD Form 214 should be changed to reflect his father (Lloyd L.) is his nearest relative has been noted and appears to lack merit.
3. While he offers no explanation for the change at this time, he named his uncle/loco-parentis as his nearest relative at the time his DD Form 214 was prepared. Changes that occurred subsequent to his transfer to the TDRL are not authorized to be shown on the DD Form 214 unless it can be determined that an error existed at the time the DD Form 214 was prepared. The applicant has not provided such evidence in this regard. Therefore, in the absence of such evidence there appears to be no basis to grant this portion of his application.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding "Air Assault Course, 2 weeks, 2005" in block 14 of his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the name of his nearest relative.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20100023876
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ABCMR Record of Proceedings (cont) AR20100023876
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