IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080007076
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that block 28 (Most Significant Duty Assignment) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be changed to D Company, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division.
2. The applicant states that the only time he spent with the 11th Armored Cavalry Regiment was during training or while on leave. He would like to have the unit he served with in combat, the 7th Cavalry Regiment, listed on his DD Form 214 so that it can be placed on his tombstone when he dies.
3. The applicant provides a copy of his DD Form 214.
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 were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records, consisting of the DD Form 214 and Headquarters, Camp Carson, Colorado, Special Orders Number 115, dated 31 May 1952.
3. Headquarters, Camp Carson, Colorado, Special Orders Number 115, dated 31 May 1952, show that the applicant was honorably released from active duty. He is shown to have been assigned to the 11th Armored Cavalry Regiment.
4. The DD Form 214 provides the following information:
a. this form covers the period from 7 January 1949 through 2 June 1952;
b. the applicant served on active duty for a total of 4 years, 10 months, and 14 days;
c. he was awarded the Good Conduct Medal, the Army of Occupation Medal with Japan Clasp, the Korean Service Medal, and the Combat Infantryman Badge;
d. his most significant duty assignment (block 28) is listed as Company B, 1st Battalion, 11th Armored Cavalry Regiment, Camp Carson, Colorado.
5. Special Regulation 135-175-5 (Civilian Components Separation of Officers), dated 19 December 1949, prescribed the policies and procedures for completing the DA Form 214 for officer personnel. In pertinent part, it stated the entry representing the duty which required the greatest demonstration of the officer's training and experience would be entered in item 28.
6. Special Regulation 615-360-1 (Enlisted Personnel -- Discharge Procedures and Preparation of Separation Forms), dated 20 June 1950, prescribed the policies and procedures for completing the DA Form 214 for enlisted personnel. In pertinent part, it stated that the last unit, or similar element, to which assigned for duty would be entered in item 28.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's awards, the conclusion that his assignment at Camp Carson as being his most significant duty assignment is questionable; however; it was his last duty station.
2. Although item 28 is entitled "Most Significant Duty Assignment," this item was used for both officers and enlisted personnel, and officers and enlisted personnel had different criteria for determining what information would be entered in this item on the DD Form 214. The instructions for officers were to enter the duty which required the greatest demonstration of the officer's training and experience, i.e., the most significant duty assignment. The instructions for enlisted were to enter the last unit, or similar element, to which assigned for duty. The correct entry appears to have been entered on the applicant's DD Form 214.
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_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080007076
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