RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 AUGUST 2006
      DOCKET NUMBER:   AR20060004505


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Laverne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 the last duty assignment that is currently
reflected on his Report of Separation (DD Form 214) be changed.

2.  The applicant states that the last duty assignment that his reflected
on his DD Form 214 is incorrect.

3.  The applicant provides in support of his application, a copy of
reassignment orders dated 14 April 1978; a copy of revocation orders dated
20 April 1978; and a copy of permanent change of station orders dated 17
May 1978.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 August 1978.  The application submitted in this case is
dated 13 March 2006.

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.  On 12 February 1975, he enlisted in the United States Army Reserve
(USAR), in St. Louis, Missouri, for 6 years, in the pay grade of E-1.  He
enlisted in the Regular Army for 3 years on 6 August 1975.

4.  He successfully completed his training as a medical specialist.  Upon
completion of his training, he was assigned to Headquarters and
Headquarters Company, 197th Infantry Brigade, Fort Benning, Georgia.

5.  Orders Number 70-17 were published on 14 April 1978, reassigning the
applicant to Headquarters and Headquarters Company, 3rd Battalion, 7th
Infantry, 197th Infantry Brigade, Fort Benning, Georgia, with a reporting
date of 18 April 1978.


6.  Orders Numbers 73-29 were published on 20 April 1978, revoking
reassignment Orders Number 70-17.

7.  On 17 May 1978, Orders Number 137-94 were published directing that the
applicant proceed on permanent change of station to the United States Army
Transfer Point, for the purpose of separation processing.  At the time that
these orders were published, the applicant was assigned to Headquarters and
Headquarters Company, 197th Infantry Brigade, Fort Benning, Georgia.

8.  The applicant was released from active duty on 5 August 1978, and he
was transferred to the USAR Control Group (Reinforcement) to complete his
Reserve obligation.  The DD Form 214 that he was furnished at the time of
his release from active duty shows that his last duty assignment and major
command as Headquarters and Headquarters Company, 3rd Battalion, 7th
Infantry, FORSCOM, FC.

9.  Orders were published on 28 January 1981, discharging him from the
Ready Reserve, with an effective date of 11 February 1981.

10.  Army Regulation 635-5 prescribes the separation documents which are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It establishes standardized
policy for preparing and distributing the DD Form 214.  It states, in
pertinent part, that a DD Form 214 is a summary of a soldier's most recent
period of continuous active duty.  The DD Form 214 provides a brief, clear-
cut record of active duty service and will be prepared for all personnel at
the time of their retirement, discharge, or release from the active Army.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s DD Form
214, which resulted in the incorrect last duty assignment being reflected.

2.  His DD Form 214 erroneously reflects his last duty assignment and major
command as Headquarters and Headquarters Company, 3rd Battalion,
7th Infantry, FORSCOM, FC, and his records should be corrected to reflect
the appropriate last duty assignment.




3.  The evidence of record shows that he was assigned to Headquarters and
Headquarters Company, 197th Infantry Brigade, Fort Benning, Georgia, at the
time that the orders were published transferring him to the separation
transfer point for separation.  Therefore, Headquarters and Headquarters
Company, 197th Infantry Brigade, Fort Benning, Georgia, should have been
annotated on his DD Form 214 as his last duty assignment and major command.

4.  In view of the forgoing, it would now be appropriate to correct the
applicant's records as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 February 1981; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 February 1984.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

___PS __  ___LD    _  ___RG__  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing his last duty assignment and
major command as Headquarters and Headquarters Company, 197th Infantry
Brigade, Fort Benning, Georgia.




                            _____    Paul Smith ________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060004505                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19750806                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTERS         |
|2.  189                 |110.0000/SEPARATION DOCUMENT            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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