IN THE CASE OF: BOARD DATE: 7 December 2010 DOCKET NUMBER: AR20100012551 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct last unit of assignment. 2. The applicant states his last unit of assignment was with the 4th Battalion, 47th Infantry Regiment, 9th Infantry Division. 3. The applicant provides copies of his DD Form 214 and orders awarding him the Purple Heart. 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 was inducted into the Army of the United States on 29 November 1967 for 2 years. He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. On 14 November 1968, the applicant was assigned for duty as a squad leader with B Company, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division, located in the Republic of Vietnam. 4. On 20 February 1969, the applicant was medically evacuated to the 106th General Hospital in Japan. He was subsequently assigned to the Medical Holding Detachment, U.S. Naval Hospital, St. Albans, NY. 5. On 26 September 1969, the applicant was retired by reason of temporary physical disability and placed on the Temporary Disability Retired List. He had attained the rank/grade of sergeant (SGT)/E-5. 6. Item 12 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows B Company, 44th Battalion, 47th Infantry Regiment, 9th Infantry Division. 7. Army Regulation 635-5 (Separation Documents) as then in effect, provided that Item 12 of the DD Form 214 would show for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment. DISCUSSION AND CONCLUSIONS: The evidence of record clearly shows he was assigned to the 4th Battalion, and not to the 44th Battalion, of the 47th Infantry Regiment. Therefore, his DD Form 214 should be corrected to show his correct unit of assignment. BOARD VOTE: ________ ________ ________ 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 from item 12 of his DD Form 214 the entry "Co B 44th Bn 47th Inf 9th Div" and replacing it with the entry "Co B 4th Bn 47th Inf 9th Div." _______ _ 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) AR20100012551 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012551 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1