IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017660
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), item 8a (Last Duty Assignment and Major Command) to show his unit as Company A vice Company C, 313th Military Intelligence (MI) Battalion, 82nd Airborne Division.
2. The applicant states the official who prepared his DD Form 214 was careless. He pointed the error out but the official told him it would take a week to correct. He (the applicant) had to be in California to start school, and he could not wait.
3. The applicant provides 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. Having had prior service, the applicant enlisted in the Regular Army for
5 years on 17 September 1993. He completed the training requirements and he was awarded military occupational specialty (MOS) 98G (Voice Interceptor).
3. His DA Form 2-1 (Personnel Qualification Record) shows upon completion of MOS training, he was reassigned to Goodfellow Air Force Base, TX, and then to Fort Bragg, NC. He was initially assigned to Headquarters and Service Company, 313th MI Battalion.
4. His records contain:
a. A certificate, dated 5 December 1995, awarding him the Army Achievement Medal for achievement while assigned to A Company, 313th MI Battalion.
b. A certificate, dated 22 July 1998, awarding him the Army Commendation Medal for service from 24 October 1994 to 24 August 1998 while assigned to
A Company, 313th MI Battalion.
c. Permanent Orders 015-24, issued by Headquarters, 82nd Airborne Division, dated 15 January 1998, awarding him the Army Good Conduct Medal. His unit is listed as A Company, 313th MI Battalion.
d. Noncommissioned Officer Evaluation Report for the rating period December 1997 through July 1998 listing his unit as A Company, 313th MI Battalion.
e. DA Form 31 (Request and Authority for Leave), undated, indicating he took transition leave from 12 August to 16 September 1998. He listed his unit as A Company, 313th MI.
5. On 2 June 1998, Headquarters, 82nd Soldier Support Battalion, Fort Bragg, NC, published Orders 153-0254 transferring him to the U.S. Army Transition Center for separation outprocessing effective 5 August 1998. His unit is listed as A Company, 313th MI Battalion.
6. He was honorably discharged on 16 September 1998. He completed 5 years of active service during the period under review. Item 8a of his DD Form 214 shows the entry "CO C, 313TH FC" indicating he was last assigned to Company C, 313th MI Battalion, Forces Command (FC).
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Chapter 2 states for item 11, enter the last unit of assignment, major command with the corresponding two character assignment code per Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes), paragraph 2-4.
DISCUSSION AND CONCLUSIONS:
The applicant's last duty assignment was with A Company, 313th MI, 82nd Airborne Division, which fell under the major command of FORSCOM. His DD Form 214 incorrectly listed his unit of assignment as Company C. Therefore, he is entitled to correction of his DD Form 214 to show his correct last unit of assignment.
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 existing entry from item 8a and adding the entry "CO A, 313TH MI BATTALION, 82ND ABN DIV, FC."
_______ _ __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.
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