RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 September 2007
DOCKET NUMBER: AR20070006853
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
Ms. LaVerne Douglas
Member
Mr. Jerome Pionk
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 records be changed to show his correct Service Number and his last infantry unit of assignment.
2. The applicant states that his Service Number and his last infantry unit of assignment on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 28 November 1967 is incorrect due to a typographical error.
3. The applicant provides copies of his DD Form 214, his promotion orders to Sergeant and his Military Identification Card.
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 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.
2. The applicant's military records show he was inducted on 7 December 1965. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11C (Infantryman Indirect Fire Crewman).
3. On 28 November 1967, the applicant was released from active duty due to early separation of an overseas returnee. The DD Form 214 issued to the applicant upon his release from active duty shows the entry in Item 2 (Service Number) "US xx 813 xxx" and Item 12 (Last Duty Assignment and Major Command) as "Company A, 2nd Battalion, 4th Infantry, 9th Infantry Division USARPAC APO 96370."
4. DD Form 47 (Record of Induction) shows the applicant was assigned the Service Number 51581322 by the Induction Station on 30 September 1965. The Induction Officer authenticated the DD Form 47 on 7 December 1965, the date the applicant was inducted in the Army of the United States.
5. Special Orders Number 110, dated 7 December 1965, published by Armed Forces Examining and Entrance Station, 39 Whitehall Street, New York, New York, shows the entry "GALLAGHER, PATRICK US xx581xxx" as being inducted into the Army of the United States in the grade of private (E-1) for an active duty commitment of twenty-four (24) months effective 7 December 1965.
6. The applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant was assigned to Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division, during the period from 28 January 1967 to 25 November 1967.
7. Special Orders Number 322, dated 18 November 1967, published by Headquarters, 9th Infantry Division, shows the applicant's standard name line as "GALLAGHER, PATRICK US xx 581 xxx SGT E5 11C40 Co A 2nd Bn 47th Inf." The transportation order moved the applicant from his overseas duty station to Fort Hamilton, New York.
8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214 using all available records to include DA Form 20 (Enlisted Qualification Record) and official orders. The regulation provided, in pertinent part, that the Service Number with prefix be entered in Item 2 and last assignment and major command entered in Item 12 of the Soldiers DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention is his Service Number and last unit of assignment are incorrect on his DD Form 214. Evidence of record clearly shows the applicant's Service Number is US xx581xxx. Therefore, the entry in Item 2 of the applicant's DD Form 214 should read US xx581xxx instead of US xx813xxx.
2. The evidence clearly shows the applicants last duty assignment was Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division. Therefore, the entry in Item 12 of the applicants DD Form 214 should read Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division instead of Company A, 2nd Battalion, 4th Infantry, 9th Infantry Division.
BOARD VOTE:
__WP ___ __LD ___ __JP ___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 2 of his DD Form 214 to read "US xx581xxx" and Item 12 to read "Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division."
____ William Powers________
CHAIRPERSON
INDEX
CASE ID
AR20070006853
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070925
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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