IN THE CASE OF:	  

		BOARD DATE:	        8 January 2009

		DOCKET NUMBER:  AR20080017213 


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, in effect, correction of Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 April 1970, to show the word "Combat" next to his unit of assignment of the 104th Engineer Company, 20th Engineer Brigade.

2.  The applicant states that his unit was in combat during his service in the Republic of Vietnam and that others who served with him in the same organization had their records changed to "Combat Engineers." 

3.  The applicant provides a copy of Headquarters, 79th Engineer Group, After Action Report for Operation Toan Thang, dated 15 August 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 applicant’s 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 applicant’s 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 records show he enlisted in the Regular Army for a period of 3 years on 28 August 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).  

3.  On 17 January 1970, the applicant departed Fort Leonard Wood, Missouri, en route to the U.S. Army Pacific Command (USARPAC).  He arrived on 26 January 1970 and was subsequently assigned to the 104th Engineer Company (Dump Truck (DT)), in the Republic of Vietnam, effective 29 January 1970.

4.  On 28 April 1970, the applicant was honorably discharged for the purpose of immediate reenlistment.  Item 12 of the DD Form 214 he was issued at the time shows his unit of assignment at the time of discharge was the 104th Engineer Company (DT), 20th Engineer Brigade.

5.  The applicant's records also show he reenlisted in the Regular Army for a period of 3 years on 29 April 1970.  Item 49 (Prior Service) of the applicant's DD Form 4 (Enlistment Contract) shows the entry "104th Engineer Company (DT)."

6.  The applicant submitted a copy of an after action report, dated 15 August 1970, for Operation Taon Thang, in which the 79th Engineer Group participated during the period 1 May 1970 through 30 June 1970.  This report shows the 104th Engineer Company (DT) was task-organized as an organic unit and that the 79th Engineer Group was called upon to provide combat support to this operation.  This report further shows that:

"On 16 June 1970, 23 trucks from the 104th Engineer Company (DT) and 7 dump trucks from 79th Engineer Company (Bridge Pontoon (BP)) arrived at Fire Support Base (FSB) Colorado with rock for the bridge sites.  Due to the crowded conditions within the FSB, it was necessary to park vehicles in particularly exposed positions.  During the night heavy rains developed and at approximately 0330 hours, the FSB was attacked with RPG and small arms fire. 13 engineer personnel were wounded and a large number of vehicles received minor shrapnel damage.  One truck, 1/1 ton, one 3/4 ton, and one bridge truck received considerable damage."


7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 12 of the version in effect at the time showed the Soldier's last duty assignment at the time of separation or discharge.

8.  The history of the U.S Army Corps of Engineers can be traced back to
16 June 1775, when the Continental Congress organized an army with a chief engineer and two assistants.  Colonel Richard Gridley became General George Washington's first chief engineer; however, it was not until 1779 that Congress created a separate Corps of Engineers.  Shortly before the United States entered World War II, Congress and the War Department approved the transfer of military construction responsibilities from an overtaxed Quartermaster Corps to the Corps of Engineers.  Over the years, Engineer units have had different tasks and functions.  Accordingly, units were named or numbered depending on their mission.  Generally, depending on their mission, engineer units can be combat heavy, combat, construction, airborne, mechanized, dump truck, prime power, sapper, topography, and several others.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the word "Combat" next to his last unit of assignment.

2.  The applicant's unit's participation in a combat environment is not in question. However, the evidence of record shows that upon the applicant's arrival in the Republic of Vietnam, he was assigned to the 104th Engineer Company (DT).  He was honorably discharged, while in Vietnam, for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time of this discharge correctly shows his unit of assignment in Item 12.  Absent an error in the applicant's unit of assignment, there is insufficient evidence to grant the applicant the requested relief.







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.


															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)                                         AR20080017213



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ABCMR Record of Proceedings (cont)                                         AR20080017213



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