IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100024699
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 Airborne School be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
29 July 2001.
2. The applicant states she graduated from Airborne School in December 1998 and remained in a jump status until she was discharged in July 2001.
3. The applicant provides:
* a certificate for successful completion of the Airborne Course at Fort Benning, GA
* orders for parachute duty
* 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. She enlisted in the Regular Army on 30 July 1998 for a period of 3 years. She completed the training requirements and she was awarded military occupational specialty 92R (Parachute Rigger).
3. The certificate the applicant submitted shows she successfully completed the Airborne Course at Fort Benning, GA in December 1998 (the exact date is unreadable).
4. A telephone conversation between the staff of ABCMR and the staff at Fort Benning verified the applicant attended the Airborne Course from 23 November to 11 December 1998. She successfully completed the course on 11 December 1998.
5. Orders provided by the applicant show she was assigned parachute duty effective 10 May 1999.
6. On 29 July 2001, she was honorably released from active duty. Her DD Form 214, item 14 (Military Education) does not show completion of the Airborne Course.
7. Army Regulation 635-5 (Separation Documents) states formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in item 14. The title, length in weeks, and year completed are to be included.
DISCUSSION AND CONCLUSIONS:
The applicant attended and successfully completed the 3-week Airborne Course at Fort Benning on 11 December 1998. Therefore, this course should be added to item 14 of her DD Form 214.
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 adding to item 14 of her DD Form 214 the entry "Airborne Course, 3 weeks,
11 December 1998."
____________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) AR20100024699
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ABCMR Record of Proceedings (cont) AR20100024699
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