IN THE CASE OF: BOARD DATE: 18 May 2010 DOCKET NUMBER: AR20090020382 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 item 12 (Last Unit of Assignment and Major Command) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected. 2. The applicant states item 12 of his DD Form 214 incorrectly lists his unit as the 89th Engineer Battalion, when in fact it should be the 39th Engineer Battalion, APO 96325. He contends the incorrect unit listing was the result of a typographical error. 3. The applicant provides an award order in support of this 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. The applicant’s record shows that he enlisted in the Regular Army and entered active duty on 17 September 1969. He was trained in, awarded and served in military occupational specialty 51B (Carpentry and Masonry Specialist). 3. The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 18 August 1970 through 17 August 1971, and during this tour, he was assigned to Company C, 39th Engineer Battalion (Combat). 4. The applicant's Official Military Personnel File (OMPF) contains Headquarters 39th Engineer Battalion (Combat) Special Orders Number 239, dated 27 August 1970. These orders assigned him to Company C, 39th Engineer Battalion (Combat), with a reporting date of 29 August 1970. 5. The applicant's OMPF also contains a DA Form 137 (Installation Clearance Record) which lists his unit as Company C, 39th Engineer Battalion (Combat), APO 96325. It also contains Headquarters, 39th Engineer Battalion (Combat) Special Orders Number 163, dated 12 June 1971, which reassigned him to the United States Army Transition Station, Fort Lewis, Washington, for separation processing. These orders also list the applicant's unit as Company C, 39th Engineer Battalion (Combat). 6. On 17 August 1971, the applicant was honorably separated by reason of overseas returnee. The DD Form 214 he was issued indicates in item 12 that his last duty assignment and major command was Company C, 89th Engineer Battalion (Combat), APO 96325, USARV (United States Army Vietnam). 7. The applicant provides an award order listing his unit as Company C, 39th Engineer Battalion (Combat). 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation contains item by item preparation instructions for the DD Form 214. 9. The version of Army Regulation 635-5 in effect at the time stipulated that for individuals assigned to a transfer activity prior to separation, the losing unit of assignment and the major command having jurisdiction over the losing unit would be entered in Item 12. DISCUSSION AND CONCLUSIONS: The evidence of record confirms that the applicant's last unit of assignment prior to his separation from active duty was Company C, 39th Engineer Battalion (Combat). It is evident that the current entry in item 12 of his DD Form 214 was the result of a typographical error and it would be appropriate to correct it now. 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 current entry in item 12 of his DD Form 214 and replacing it with the entry "Company C, 39th Engineer Battalion (Combat), United States Army Vietnam (USARV), APO San Francisco 92325"; and by providing him a correction to his DD Form 214 that includes this change. __________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) AR20090020382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090020382 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1