BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140018471 


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 item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* his last duty assignment in Vietnam was with Headquarters and Headquarters Battery (HHB), 5th Battalion, 2d Artillery Regiment
* he served 14 months in the same place in Vietnam

3.  The applicant provides:

* a letter from the Battalion Surgeon, 5th Battalion, 2d Artillery Regiment, during the period in question, dated 24 September 1999
* mail addressed to the applicant during the period in question
* 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 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 15 June 1967.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served as a medical specialist assigned to HHB, 5th Battalion (Automatic Weapons) (Self-Propelled), 2d Artillery Regiment, U.S. Army Pacific, in Vietnam from 24 November 1967 to 16 January 1969.  He departed Vietnam on 17 January 1969.

4.  On 19 January 1969, he was honorably released from active duty.

5.  Item 12 of his DD Form 214 shows his last duty assignment as "HHB 4TH BN 2ND ARTY USARV [HHB, 4th Battalion, 2d Artillery, U.S. Army Vietnam]."

6.  He provided a letter from the former Battalion Surgeon, 5th Battalion, 2d Artillery, who attests the applicant served as one of his medics for approximately 1 year while he was in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the last duty assignment and major command shown on his DD Form 214 is incorrect has merit.

2.  The entry on the applicant's DA Form 20 showing his last duty assignment and major command as HHB, 5th Battalion, 2d Artillery, U.S. Army Pacific, in Vietnam is accepted as sufficient evidence on which to amend item 12 of his 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 the evidence presented is 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 "HHB, 5TH BN, 2D ARTY, USARV."



      __________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)                                         AR20140018471



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ABCMR Record of Proceedings (cont)                                         AR20140018471



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