RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060008271


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. John Moeller                  |     |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 correction of item 28 (Most Significant Duty
Assignment) on his DD Form 214 (Report of Separation from the Armed Forces
of the United States) to show he was assigned to the 287th Field Artillery
Battalion.

2.  The applicant states that item 28 on his DD Form 214 incorrectly shows
his last duty assignment as the 28th Field Artillery Battalion instead of
the 287th Field Artillery Battalion.

3.  The applicant provides a copy of his DD Form 214; his Meal Card; his
address book; and his application to the Veterans of Foreign Wars Post
9261.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 October 1955.  The application submitted in this case is
dated 6 June 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.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant entered active duty on 10 November 1953.  He served in
Germany and completed 1 year, 5 months, and 12 days of foreign service.

5.  The applicant provided a copy of his Meal Card, dated 1 September 1955,
which shows the organization of the authorizing official as Headquarters
and Headquarters Battery, 287th Field Artillery Battalion.


6.  His personal address book has a handwritten entry indicating his unit
as the 287th Field Artillery Battalion, APO 108.

7.  The applicant was honorably released from active duty on 27 October
1955 and was transferred to the U.S. Army Reserve on the following date.
His DD Form 214 shows his most significant duty assignment as Headquarters
Battery, 28th Field Artillery Battalion.

8.  The applicant submitted an application to the Veterans of Foreign Wars
Post 9261 in Oak Bluffs, Massachusetts which shows he served outside the
United States with Headquarters Battery, 287th Field Artillery.

9.  He was honorably discharged from the U.S. Army Reserve on 31 October
1961.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 currently reflects his most significant
duty assignment as Headquarters Battery, 28th Field Artillery Battalion.

2.  However, the Meal Card submitted by the applicant shows the authorizing
official’s organization as Headquarters and Headquarters Battery, 287th
Field Artillery Battalion.  In addition, he submitted a copy of his
personal address book and his application to the Veterans of Foreign Wars
which shows his unit as Headquarters Battery, 287th Field Artillery
Battalion.  These documents are accepted  as sufficient as a basis to
correct his DD Form 214.

3.  Therefore, it would be appropriate to amend item 28 on his DD Form 214
to reflect his most significant duty assignment as Headquarters Battery,
287th Field Artillery Battalion.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1955; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 October 1958.  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:

KN______  PS______  JM______  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:

      a.  deleting the entry “HQ BTRY 28 FA BN” from item 28 on his DD Form
214; and


      b.  adding the entry “Headquarters Battery, 287th Field Artillery
Battalion” to item 28 on his DD Form 214.




                            Kathleen Newman_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008271                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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