IN THE CASE OF:
BOARD DATE: 16 JULY 2009
DOCKET NUMBER: AR20090002547
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, that item 12 (Last Duty Assignment and Major Command) be corrected on his DD Form 214 (Report of Transfer or Discharge) for the period ending 5 April 1969.
2. The applicant states, in effect, that he was assigned to Headquarters and Headquarters Company (HHC), 31st Engineer Battalion in Vietnam from April 1968 to June 1968. He contends that he was assigned to the 37th Medical Company, 11th Armored Cavalry Regiment (ACR) in Vietnam from June 1968 to 5 April 1969.
3. The applicant provides a copy of his DD Form 214 for the period ending
5 April 1969; a service medical record, dated 27 October 1968; and documentation pertaining to a previous request for award of the Purple Heart 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 enlisted in the Regular Army on 3 August 1966 for a period of
3 years. He served as a wireman in Vietnam from 1 April 1968 through 5 April 1969. On 5 April 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 12 on the applicant's DD Form 214 shows the entry "HHC 31 ENGR [Engineer] BN [Battalion] USARPAC [U.S. Army Pacific]."
4. The applicant's DA Form 20 (Enlisted Qualification Record) does not show his record of assignments during the period August 1966 to April 1969.
5. The available records contain promotion orders, dated 29 December 1968, which show the applicant's unit was HHC, 31st Engineer Battalion.
6. In support of his claim, the applicant provided a service medical record, dated 27 October 1968, which shows he was assigned to the 37th Medical Company, 11th ACR.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends that he was assigned to the 37th Medical Company, 11th ACR in Vietnam from June 1968 to 5 April 1969, promotion orders show he was assigned to HHC, 31st Engineer Battalion on 29 December 1968. In the absence of reassignment orders, the 27 October 1968 service medical record provided by the applicant which shows he was assigned to the 37th Medical Company, 11th ACR is insufficient as a basis for amending item
12 on his DD Form 214. Therefore, there is no basis for granting the applicant's request to amend item 12 on his DD Form 214.
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.
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