RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            20 APRIL 2006
      DOCKET NUMBER:   AR20050011030


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Mr. Jeffrey Redmann               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his report of separation (DD Form 214) be
corrected to reflect his correct last duty assignment in block 12.

2.  The applicant states that his DD Form 214 should be corrected to
reflect that he was assigned to Company C, 1st Battalion, 508th Parachute
Infantry Regiment (PIR), 82nd Airborne Division, 18th Airborne Corps
instead of the unit currently reflected as “Co C, 1st Bn, 508th Infantry,
3d U.S. Army.  He goes on to state that at the time, the 82nd Airborne
Division was assigned to XVIII Airborne Corps and Strategic Arms Corps,
which is now Southern Command.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 July 1964.  The application submitted in this case is dated
13 July 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant initially enlisted in the Regular Army in Albuquerque,
New Mexico, on 9 May 1956 and served as a light weapons infantryman until
he was honorably released from active duty in the pay grade of E-3 on 24
April 1959, as an overseas returnee.

4.  On 24 July 1961, he again enlisted in the Regular Army under the
airborne enlistment option for a period of 3 years.  He underwent refresher
training at Fort Knox, Kentucky, and was then assigned to Fort Bragg, North
Carolina.  He was initially assigned to Company C, 1st Battalion, 187th
Infantry Regiment and was advanced to the pay grade of E-4 on 19 June 1963.

5.  He was promoted to the pay grade of E-5 on 26 September 1963 and on 25
May 1964, he was reassigned to Company C, 1st Battalion 508th Infantry for
duty as a fire team leader.

6.  On 23 July 1964, he was honorably discharged due to the expiration of
his term of service (ETS).  Item 12 of his DD Form 214 was prepared to
reflect his last duty assignment and major command as “Co C, 1st Bn, 508th
Inf, 3d US Army”.

7.  A review of the Regimental History of the 508th Infantry shows that it
served on active duty as a full regiment twice:  The 508th Parachute
Infantry Regiment (PIR) (1942 – 1946) and the 508th Airborne Infantry
Regiment (AIR) as part of the 508th Regimental Combat Team (ARCT, 1951 –
1957).  In 1962, the Regiment was reorganized and redesignated the 508th
Infantry, a parent regiment under the Combat Arms Regiment System (CARS).
In 1987, the Regiment was withdrawn from the CARS and reorganized under the
United States Army Regimental System.  From 1962 to present, the 508th
Infantry units on active duty were battalion sized.

8.  A review of the history of the 3rd Army reveals that after its return
from World War II, it was organized at Fort McPherson, Georgia in 1946 and
its mission was to serve as the administrative headquarters and major
command for units located in the seven southeastern states of North and
South Carolina, Georgia, Florida, Mississippi and Tennessee.  During the
1970s, with the reorganization of force structure, the United States Army
Forces Command (FORSCOM) was activated as a new major headquarters/command
replacing the 3d Army.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  The regulation in effect at the time provided, in
pertinent part, that an individual’s last unit of assignment would be
entered in item 12, along with the major command.  A listing of major
commands was provided in Appendix IV and 3rd US Army is one of the commands
listed.  There is no listing for the major commands indicated by the
applicant as being a major command.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  While it is understood that the applicant desires to have his records
corrected to reflect what he believes to be the proper designation of the
last unit he served with, the evidence of record establishes that such is
the case.  His unit and the major command at the time are properly
reflected on his DD Form 214 in accordance with the applicable regulation
and the unit designations that were in effect at the time.

3.  Inasmuch as there is no error in the way his unit is depicted on his DD
Form 214, there is no basis to grant his request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 July 1964; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 22 July 1967.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____LS  _  ___LF  __  ___JR __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______Linda Simmons_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050011030                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060420                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19640723                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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