IN THE CASE OF:
BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090004587
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 duty assignment with the 101st Airborne Division in Vietnam be shown on his DD Form 214 (Report of Transfer or Discharge) for the period ending 6 December 1968.
2. The applicant states, in effect, that he served with Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division in Vietnam in 1966.
3. The applicant provides a letter, dated 9 October 1996, from a retired lieutenant colonel; an NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service in the Army National Guard of Texas and as a Reserve of the Army); DD Forms 214 for the periods ending 6 December 1964 and 6 December 1968; and a DD Form 215 (Correction to DD Form 214), dated 3 March 1999, 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. Having prior service in the Army National Guard, the applicant was inducted into the Army of the United States on 11 December 1962 and honorably discharged on 6 December 1964. He immediately enlisted in the Regular Army (RA) on 7 December 1964 for a period of 4 years. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division in Vietnam from 9 November 1966 through 4 April 1967. His DA Form 20 also shows he was assigned to Battery B, 4th Battalion, 73rd Artillery at Fort Bragg, North Carolina from
25 August 1968 through 5 December 1968. On 6 December 1968, he was honorably discharged after completing 6 years, 6 months, and 1 day of total creditable active duty service.
3. Item 12 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 for the period ending 6 December 1968 shows Battery B, 4th Battalion, 73rd Artillery.
4. Item 38 (Record of Assignments) of the applicants DA Form 20 shows his last duty assignment was Battery B, 4th Battalion of the 73rd Artillery at Fort Bragg, North Carolina.
5. 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:
Item 12 of the applicant's DD Form 214 for the period ending 6 December 1968 appropriately shows his last duty assignment at separation. 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 his duty assignment with the 101st Airborne Division 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) AR20090004587
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ABCMR Record of Proceedings (cont) AR20090004587
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