RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 March 2008
DOCKET NUMBER: AR20070018215
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. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Ms. Yolanda Maldonado
Member
Mr. Edward E. Montgomery
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, in effect, that item 12 (Last Duty Assignment and Major Command), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected.
2. The applicant states, in effect, that item 12, of his DD Form 214, shows he was attached to Troop D, 2nd Signal Battalion, 1st Cavalry Infantry; however, he was attached to D Troop, 2nd Squadron, 1st Cavalry Regiment, 4th Infantry Division. He states that 2nd Signal Battalion would have no need for an 11E20 MOS (military occupational specialty).
3. The applicant provides a copy of his DD Form 214 and a copy of Special
Orders Number 188, dated 20 July 1970, in support of his request.
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 he enlisted in the Regular Army on 21 December 1967. He successfully completed basic combat training and advanced individual training at Fort Bliss, Texas. On completion of his training he was awarded the military occupational specialty (MOS) 11E (Armor Crewman).
3. The applicant served in Vietnam from 16 July 1968 to 21 September 1970. He was promoted to pay grade E-4 on 15 October 1969. He served until he was honorably released from active duty on 21 September 1970.
4. Item 12, of his DD Form 214, shows the entry "D Trp (Troop) 2d Sg Bn (Signal Battalion) 1st Cav Inf (Cavalry Infantry)."
5. Item 38 (Record of Assignments), of the applicant's DA Form 20 (Enlisted Qualification Record), shows he was assigned to D Troop, 2nd Squadron, 1st Cavalry Regiment.
6. The applicants record contains several source documents which show he was assigned to Troop D, 2nd Squadron, 1st Cavalry Regiment, which was a subordinate unit of the 4th Infantry Division.
7. Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It provided, in pertinent part, that the Soldiers last duty assignment and major command would be entered in item 12 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence shows that the applicants last unit of assignment was Troop D, 2nd Squadron, 1st Cavalry Regiment, instead of Troop D, 2nd Signal Battalion, 1st Cavalry Infantry. The applicant's unit was a subordinate unit of the 4th Infantry Division. Therefore, he is entitled to correction of item 12, of his DD Form 214 to show the entry "D Trp 2nd Sqdn 1st Cav Regt 4th Inf Div."
BOARD VOTE:
___EM___ __YM___ ___SP___ 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 showing the entry "D Trp 2d Sqdn 1st Cav Regt 4th Inf Div," in item 12 of his DD Form 214.
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070018215
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080325
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700921
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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