RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 August 2007
DOCKET NUMBER: AR20070004195
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.
Ms. Catherine C. Mitrano
Director
Ms. Jeanne Marie Rowan
Analyst
The following members, a quorum, were present:
Mr. William Powers
Chairperson
Mr. William Blakely
Member
Mr. Donald Lewy
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a different unit of assignment than what is currently listed on his DD Form 214 dated 17 February 1969.
2. The applicant states he wants his unit of assignment changed from "Company C, 818 Engineer Battalion (Combat), USAIC" to "Company 39th Engineer" as his last unit of assignment prior to discharge from the Regular Army.
3. The applicant did not provide supporting documents with this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error, which occurred on 17 February 1969, the date of discharge from active federal service and transfer to the United States Army Reserve. The application submitted in this case is dated 13 March 2007.
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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
3. The applicant was inducted into the Army of the United States on 16 February 1967. He completed basic training, advanced individual training and was awarded military occupational specialty (MOS) 12A (Combat Engineer). Records show that he was assigned to Company B, 14th Engineer Battalion, USARPAC and to Company B, 39th Engineer Battalion (Combat), USARPAC from 27 July 1967 to 16 July 1968. He served in the Republic of Vietnam for 1 year. He separated from active duty on 17 February 1969 upon completion of his obligated term of service and transferred to the United States Army Reserve Control Group (Annual Training).
4. The DD Form 214 issued at the time of the applicant's discharge shows in Block 12 (Last Duty Assignment and Major Command) "Co C 818 Engr Bn (Cbt) USAIC TC 3D USA" also known as Company C, 818th Engineer Battalion (Combat), United States Army Infantry Center, 3rd United States Army.
5. The applicant's DA Form 20 (Enlisted Qualification Record), Item 28 (Record of Assignments), shows his last duty assignment while on active duty was "Co C 818 Engr Bn Fort Benning GA". There are general orders in his personnel file that support the entry of "Co C 818th Engr Bn Fort Benning GA" as his last unit of assignment and duty location. The applicant served with Company C, 818th Engineer Battalion (Combat), when he returned from the Republic of Vietnam on or about 27 August 1968 to his separation from active federal service on 17 February 1969. The applicant's record shows he was assigned to "Company B, 39th Engineer Battalion (Combat), USARPAC" from "12 December 1967 to 16 July 1968."
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, the separation document that must be prepared for Soldiers who retire, are discharged, released from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states that personnel clerks will enter on Item 12 of the DD Form 214 the last unit of assignment from which the Soldier will separate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 incorrectly shows his last unit of assignment and its location when he was separated from the Regular Army upon his expiration of his term of service. The applicant's request to correct his records to show his company of preference "Company B, 39th Engineer Battalion (Combat)" was carefully considered and determined not to have merit.
2. The applicant's personnel service record shows he was assigned to Company B, 39th Engineer Battalion (Combat), but it was not his last duty assignment prior to separating from active federal service. General orders show his last duty assignment as Company C, 818th Engineer Battalion headquartered at Fort Benning, Georgia.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___WP __ ___WB _ ___DL __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_____ William Powers_______
CHAIRPERSON
INDEX
CASE ID
AR20070004195
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070816
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.00
2.
107.0094
3.
4.
5.
6.
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