IN THE CASE OF:
BOARD DATE: 28 OCTOBER 2008
DOCKET NUMBER: AR20080011673
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 item 12 (Last Duty Assignment and Major Command) on his Report of Transfer or Discharge (DD Form 214) be corrected to read Company D, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division. He also requests that item 30 (Remarks) on his DD Form 214 be corrected to show that he served in Vietnam from 28 October 1968 to 28 October 1969.
2. The applicant states that his DD Form 214 incorrectly reflects his last duty assignment as Company A, 1st Battalion, 29th Infantry Regiment, 197th Infantry Brigade. He states that his DD Form 214 also reflects the wrong dates of his service in Vietnam.
3. The applicant provides in support of his application, a copy of a certificate showing that he was awarded the Army Commendation Medal with V Device; and 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. On 8 May 1968, the applicant was inducted into the Army in Williamsburg, Kentucky. He successfully completed his training as a light weapons infantryman.
3. Headquarters, 25th Infantry Division Special Orders Number 280 was published on 7 October 1968, assigning the applicant to Company D, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.
4. The applicant was transferred to Vietnam where he arrived on 28 October 1968. His records show that while he was in Vietnam, he continued to be assigned to Company D, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.
5. The applicant returned to the Continental United States on 21 October 1969 and upon his return, he was assigned to Company A, 1st Battalion, 29th Infantry Regiment, 197th Infantry Brigade at Fort Benning, Georgia.
6. On 7 May 1970, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
7. The DD Form 214 that the applicant was furnished at the time of his REFRAD shows his last duty assignment as Company A, 1st Battalion, 29th Infantry Regiment, 197th Infantry Brigade. His DD Form 214 also shows that his service in Vietnam was from 28 October 1969 to 21 October 1969.
8. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It states, in pertinent part, that the individuals current unit of assignment and the title of the major command or agency having jurisdiction over the organization will be entered in item 12 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show that he was assigned to Company A, 1st Battalion, 29th Infantry Regiment, 197th Infantry Brigade, from the time that he returned to the Continental United States until he was REFRAD on 8 May 1970. His last duty assignment is properly reflected on his DD Form 214 and, in accordance with the applicable regulation, there is no basis for granting this portion of the applicants request.
2. However, an error was made during the preparation of the applicants DD Form 214 which resulted in the incorrect date of his service in Vietnam being reflected therein.
3. The applicants records show that he arrived in Vietnam on 28 October 1968 and that he departed Vietnam on 21 October 1969. However, Item 30 of his DD Form 214 erroneously shows that he arrived in Vietnam on 28 October 1969. His DD Form 214 should be corrected to show the correct date of his arrival in Vietnam.
4. In view of the foregoing, it would now be appropriate to correct the applicants records as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ __X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 30 on his DD Form 214 to show that he had Vietnam service from 28 October 1968 to 21 October 1969.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 12 on his DD Form 214 to show his last duty assignment as Company D, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.
________XXX___________
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) AR20080011673
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ABCMR Record of Proceedings (cont) AR20080011673
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