IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20090001851
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct last unit of assignment.
2. The applicant states that he did not notice the error until he was filing a Department of Veterans Affairs claim.
3. The applicant provides, in support of his application, copies of his DD Form 214 and a personnel deployment list from his former unit.
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 3 October 1962, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 36A (Field Communications Crewman). He was subsequently assigned for duty with the 187th Infantry Regiment at Fort Campbell, Kentucky.
3. On 3 February 1963, the applicant was reassigned to Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 319th Field Artillery Regiment, Fort Campbell, Kentucky.
4. On 21 May 1965, the applicant was reassigned to the Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 320th Field Artillery Regiment, Fort Campbell, Kentucky.
5. On 8 July 1965, the applicant deployed with his unit to the Republic of Vietnam where he was assigned duties as a wireman. On or about 27 March 1966, the applicant returned to the continental United States.
6. On 28 March 1966, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of private first class (PFC)/pay grade E-3, and had completed
3 years, 5 months, and 26 days of creditable active duty service.
7. Item 12 (Last Duty Assignment and Major Command) of the applicant's
DD Form 214 shows Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 322th Field Artillery Regiment, U.S. Army Vietnam (USARV).
8. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, that for individuals reassigned on orders to a transfer activity prior to separation, the losing unit of assignment would be entered in Item 12 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 does not show his correct last unit of assignment.
2. The evidence of record clearly shows that the applicant's last unit of assignment prior to transfer for separation was Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 320th Field Artillery Regiment, USARV. Furthermore, there is no evidence of record, other than the entry on his DD Form 214, showing that he was ever assigned to the 322nd Field Artillery Regiment.
3. In view of the above, the applicant's DD Form 214 should be corrected to show his last unit as Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 320th Field Artillery Regiment, USARV.
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 the current entry in Item 12 of the applicant's DD Form 214 and replacing it with the entry "Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 320th Field Artillery Regiment, USARV."
___________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) AR20090001851
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ABCMR Record of Proceedings (cont) AR20090001851
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