ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170007674 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 April 2013 to show completion of the Sergeants Major Course and the proper spelling of the last name of her nearest relative (father). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Four DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 30 May 1984, 27 September 1991, 25 January 2005, and 2 April 2013 * DD Form 215 (Correction to DD Form 214) for the period ending 27 September 1991 * Orders T-080848496, U.S. Army Human Resources Command, dated 3 June 2008 * U.S. Army Human Resources Command Form 3924 (Individual Active Duty Certificate of Performance), dated 2 July 2008 * DD Form 1351-2 (Travel Voucher or Subvoucher), dated 3 July 2008 * SGLV Form 8286 (Servicemembers' Group Life Insurance Election and Certificate), dated 1 February 2013 FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the name of her nearest relative is misspelled on her DD Form 214 for the period 3 October 2008 through 2 April 2013. She also believes completion of the Sergeants Major Course should be listed in the military education block. 3. On 12 May 2004, she was ordered to active duty as a member of the U.S. Army Reserve in support of Operating Enduring Freedom in the rank of master sergeant. On 25 January 2005, she was honorably released from active duty. She completed 8 months and 14 days of net active service during this period. Item 19b (Nearest Relative) of her DD Form 214 for this period shows her nearest relative's last name spelled as X__XX. 4. U.S. Army Human Resources Command Orders T-06-848496, dated 3 June 2008, ordered her to active duty for training for a period of 15 days for the purpose of attending the U.S. Army Sergeants Major Academy Non-Resident Course Phase 2 at Fort Bliss, TX, with a reporting date of 18 June 2008. She was released from active duty upon completion of the 2-week course. She was not issued a DD Form 214 for this period of active duty service. 5. Her DA Form 1059 (Service School Academic Evaluation Report) shows she successfully completed the Sergeants Major Course Class Number 2-08 from 1 April 2005 through 2 July 2008 (non-resident). 6. On 3 October 2008, she was ordered to active duty as a member of the U.S. Army Reserve in support of Operating Iraqi Freedom in the rank of sergeant major. On 2 April 2013, she retired by reason of permanent disability (enhanced). She completed 4 years and 6 months of net active service during this period. Her DD Form 214 shows in: * item 14 (Military Education) – no military education completed during the period covered * item 19b (Nearest Relative) – the last name of her nearest relative spelled as X__XX BOARD DISCUSSION: 1. The Board noted that the applicant completed Sergeants Major Course Class Number 2-08 on 2 July 2008. Although she was on active duty to complete a 2-week resident portion of the course, this period of active duty was less than 90 days, and she was not authorized a DD Form 214 under the provisions of Army Regulation 635-5. The instructions for completing the DD Form 214 further state a DD Form 214 will reflect the military education completed during the period covered by the DD Form 214 in item 14. Because she did not complete Sergeants Major Course Class Number 2-08 during the period covered by her DD Form 214 for the period ending 2 April 2013, adding the course to the form would be contrary to the administrative rules governing completion of the form. The Board found no evidence of error or injustice in this matter, and note her completion of the course is properly documented in her record on a DA Form 1059. 2. The Board agreed that there is a clear error in the spelling of her father's name on the DD Form 214 for the period ending 2 April 2013, and this error should be corrected. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending item 19b (Nearest Relative) of her DD Form 214 for the period ending 2 April 2013 to show the spelling of her father's last name is the same as her last name. 2. The Board further determined 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 adding the Sergeants Major Course to her DD Form 214 for the period ending 2 April 2013. 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. REFERENCES: 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 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. 2. Army Regulation 635-5 (Separation Processing and Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or the custody and control of the Army. It established standardized policy for preparation of the DD Form 214. a. Paragraph 2-1 stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for: (1) Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service; and (2) Army National Guard of the United States and U.S. Army Reserve Soldiers mobilized under Title 10, U.S. Code, regardless of length of mobilization, when transitioned from active duty. b. Paragraph 2-4 provided detailed instructions and source document(s) for completing each block of the DD Form 214. (1) The detailed instructions for item 14 (Military Education) stated to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. (2) The detailed instructions for items 19a (Mailing Address after Separation) and 19b (Nearest Relative) stated the mailing address after separation and nearest relative will be provided by the Soldier. ABCMR Record of Proceedings (cont) AR20170007674 4 1