IN THE CASE OF:
BOARD DATE: 16 June 2009
DOCKET NUMBER: AR20090003841
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 a specified duty assignment in Vietnam be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was in the 4th Infantry Division Long Range Reconnaissance Patrol (LRRP) in Vietnam and his DD Form 214 does not reflect this. He contends his DD Form 214 does not recognize his service in a volunteer unit and the Department of Veterans Affairs does not and cannot locate his duty stations.
3. The applicant provides a copy of his DD Form 214 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 was inducted into the Army of the United States and entered active duty on 3 January 1968. His DA Form 20 (Enlisted Qualification Record) shows he served in military occupational specialty 11B (light weapons infantryman) assigned to Company D, 1st Battalion, 12th Infantry of the 4th Infantry Division, in Vietnam from 1 December 1968 through 3 April 1969. He was assigned to Headquarters and Headquarters Company, 2nd Brigade of the 4th Infantry Division, in Vietnam from 4 April 1969 through 29 June 1969. He was a patient assigned to the Medical Holding Company, 249th General Hospital, in Vietnam from 30 June 1969 through 22 August 1969. The applicant was honorably released from active duty on 23 August 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 12 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows Headquarters and Headquarters Company, 249th General Hospital.
4. Item 38 (Record of Assignments) of the applicants DA Form 20 shows his last duty assignment was the Medical Holding Company, 249th General Hospital, in Vietnam.
5. There is no evidence of record which shows the applicant was assigned to the 4th Infantry Division LRRP.
6. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting the applicants request to show a specified duty assignment in Vietnam 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.
_______ _ 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) AR20090003841
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