IN THE CASE OF:
BOARD DATE: 12 MAY 2009
DOCKET NUMBER: AR20090000442
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 his 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last duty assignment as Service Battery, 6th Battalion, 32nd Artillery Regiment instead of the 30th Artillery Regiment.
2. The applicant states that his DD Form 214 is in error because it shows he was assigned to the 30th Artillery Regiment instead of the 32nd Artillery Regiment.
3. The applicant provides a copy of his DD Form 214, dated 6 September 1968; and a copy of a letter that he wrote to his spouse, dated 21 February 1968, 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 records show he was inducted into the Army of the United States on 9 September 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64B (Heavy Truck Driver).
3. The applicants DA Form 20 (Enlisted Qualification Record) is not available for review with this case.
4. On 12 July 1967, Headquarters, 197th Infantry Brigade, Fort Benning, GA, published Special Orders Number 151 awarding the applicant MOS 76A (Supply Specialist).
5. The applicants record does not indicate the date he arrived in the Republic of Vietnam. However, his record contains a copy of Special Orders Number 191, issued by Headquarters, 6th Battalion, 32nd Artillery, on 21 December 1967, that released the applicant from the U.S. Army Republic of Vietnam (USARV) Transient Detachment and assigned him to Service Battery, 6th Battalion, 32nd Artillery, effective 19 December 1967.
6. The applicants record shows he was honorably released from active duty, as an overseas returnee, in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve Control Group (Annual Training) on 6 September 1968. Item 11 (Last Duty Assignment and Major Command) of the applicants DD Form 214 shows he was assigned to Service Battery, 6th Battalion, 30th Artillery, USARV.
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. 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 individual training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 of the regulation in effect at the time stated, in pertinent part, that item 11 shows the Soldiers last duty assignment and major command. For example, "Troop A, 1st Squadron, 2nd Cavalry Regiment, U.S. Army Europe (USAEUR)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct unit of assignment.
2. The evidence of record shows the applicant was assigned to Service Battery, 6th Battalion, 32nd Artillery Regiment, in the Republic of Vietnam, on 19 December 1969. There is no evidence or indication that he was further reassigned to any other unit. It appears that upon separation, the 30th Artillery was erroneously entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to show his correct unit of assignment.
BOARD VOTE:
___X_____ ____X____ ___X_____ 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 deleting Service Battery, 6th Battalion, 30th Artillery Regiment from item 11 of the applicants DD Form 214 and adding Service Battery, 6th Battalion, 32nd Artillery Regiment.
_______ _ 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) AR20090000442
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ABCMR Record of Proceedings (cont) AR20090000442
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