RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070015143
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.
The following members, a quorum, were present:
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, in effect, that his separation document (DD Form 214) be corrected to reflect his service with the 101st Airborne Division.
2. The applicant states, in effect, his service with the 101st Airborne Division was omitted from his DD Form 214.
3. The applicant provides no documentary evidence in support of his application.
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 record shows that he enlisted in the Regular Army and entered active duty on 26 May 1960. The applicant's Service Record (DA Form 24) shows, in Section 1 (Appointments, Promotions, or Reductions), that he was promoted to private first class (PFC) on 25 October 1962, and that this is the highest rank he attained while serving on active duty.
3. Section 4 of the applicant's DA Form 24 shows that after having served at Fort Jackson, South Carolina, Fort Riley, Kansas, Fort Bragg, North Carolina, and Fort McPherson, Georgia, the applicant was assigned to Fort Campbell, Kentucky, where he arrived for duty with Company E, 2nd Airborne Battle Group (ABG), 187th Infantry Regiment, 101st Airborne Division. He remained serving with the 101st Airborne Division at Fort Campbell until 20 December 1961, at which time he departed for Korea. He served in Korea until 25 February 1963, at which time he departed for Camp A.P. Hill, Virginia, where he served until his release from active duty (REFRAD) on 29 August 1963.
4. On 29 August 1963, while serving at Camp A.P. Hill, Virginia, the applicant was honorably REFRAD. His record shows that he accrued 95 days of time lost, 45 days of which was due to being absent without leave (AWOL) and 50 days of which was due to being in military confinement. The DD Form 214 he was issued at the time shows he completed a completed a total of 3 years of creditable active military service, and that he held the rank of PFC on the date of his REFRAD.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation provides only for entering the last duty assignment unit and major command. There are no provisions for providing a record of other assignments on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his service with the 101st Airborne Division should be reflected on his DD Form 214 was carefully considered. However, by regulation, only the last duty assignment will be entered on the DD Form 214. There are no regulatory provisions that provide for documenting a record of all assignments on the separation document.
2. The evidence of record confirms the applicant's assignment to the 101st Airborne Division, along with the rest of his record of assignments is properly documented in Section 4 of his DA Form 24. Given, there are no regulatory provisions that provide for entering assignments other that the final assignment on the DD Form 214, there is an insufficient evidentiary basis to grant the requested relief in this case.
3. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x__ __x __ __x __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_____x ____
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