IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090010671 


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 his last duty assignment and major command on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states, in effect, that his DD Form 214 shows he served with Headquarters and Headquarters Company (HHC), 2nd Battalion, 46th Infantry of the 198th Light Infantry Brigade; but, this is not correct.  He served with HHC, 5th Battalion, 46th Infantry of the 198th Light Infantry Brigade.  He continues that he served with the 5th Battalion and this correction is important to him for reasons of accurate personal and unit history.  In conclusion he adds that he did not discover the error until recently.

3.  In support of his application, the applicant submits a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record).

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 applicant’s 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 applicant’s 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 record shows he was inducted into the Army of the United States on 19 September 1966.  He completed his basic combat training at Fort Hood, Texas, and his advanced individual training at Fort Sam Houston, Texas.  After completing all required training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  At the time of his release from active duty he held the MOS 91B, Medical Specialist.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in Vietnam from 29 March 1968 through 4 September 1968.  Item 38 (Record of Assignments) of the DA Form 20 shows that while in Vietnam, the applicant served with HHC, 5th Battalion, 46th Infantry, 198th Light Infantry Brigade.  The 198th Light Infantry Brigade was a subordinate unit of the Americal Division [also known as the 23rd Infantry Division] and whose major command was USARV (the United States Army Vietnam).

4.  The applicant was honorably released from active duty on 7 September 1968, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, as an early release of an overseas returnee.  He was released from active duty in the rank and pay grade of Specialist Four, E-4.  On the date he was released from active duty, he had completed 1 year,             11 months, and 19 days active military service, with no time lost.

5.  Item 12 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows his last duty assignment as HHC, 2nd Battalion, 46th Infantry of the 198th Light Infantry Brigade, with USARV shown as the major command.

6.  Unit Orders Number 29 published by Headquarters, 5th Battalion, 46th Infantry, 198th Infantry Brigade, Americal Division, on 23 April 1968 show the applicant was promoted to the rank and pay grade Specialist Four, E-4.  The applicant's standard name line shows he was assigned to HHC of that unit at the time of his promotion.

7.  Special Orders Number 216 published by Headquarters, Americal Division, on 3 August 1968, show the applicant was awarded the Combat Medical Badge (1st Award).  These orders indicate the applicant was assigned to Company A, 5th Battalion, 46th Infantry, at the time he received this award.  There is no evidence the applicant was either assigned or attached to Company A, 5th Battalion of the 46th Infantry, while he served in Vietnam.

8.  Special Orders Number 247 published by Headquarters, Americal Division, on 2 September 1968, assigned the applicant to the US Army Transient Detachment for further assignment to the US Army Transfer Station, Fort Lewis, Washington, for the purpose of being processed for separation from active duty.  These orders indicate the applicant was assigned to HHC, 5th Battalion of the 46th Infantry, as his last duty assignment before being released from active duty.

9.  The applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, for the period October 1967 to September 1968, by General Orders Number 7091 published by Headquarters, Americal Division, on 10 September 1968.  These orders indicate the applicant was assigned to HHC, 5th Battalion of the 46th Infantry, at the time he received this award.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) in effect at the time of the applicant's release from active duty prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of the Soldier's active Army service at the time of release from active duty, retirement or discharge.  In pertinent part it also stated that for personnel on orders to a transfer activity or to a medical holding detachment prior to separation, the losing unit of assignment shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Major Command/Agency" of the orders reassigning the individual to the transfer activity or the medical holding detachment would be entered and shown in Item 12 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his last duty assignment and major command as shown on his DD Form 214 are incorrect were carefully considered and determined to be partly correct.

2.  The evidence shows the applicant was assigned to HHC, 5th Battalion, 46th Infantry of the 198th Light Infantry Brigade while he served in Vietnam.  While with this unit, the applicant was promoted to Specialist Four and was awarded the Combat Medical Badge and the Army Commendation Medal.  At the conclusion of his tour of duty in Vietnam, he was reassigned from his last unit of assignment, HHC, 5th Battalion of the 46th Infantry, 198th Light Infantry Brigade, to the US Army Transfer Station, Fort Lewis, to undergo separation processing.
3.  The evidence shows that HHC, 5th Battalion of the 46th Infantry, 198th Light Infantry Brigade of the Americal Division was a subordinate unit of USARV.  The major command shown in item 12 of the applicant's DD Form 214 is correct and therefore no corrective action is required and the issue of correction of the major command will not be discussed further in this Record of Proceedings.

4.  Based on the evidence, the applicant is entitled to a correction of Item 12 of his DD Form 214 to show that his last unit of assignment was HHC, 5th Battalion, 46th Infantry, 198th Light Infantry Brigade.

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 correcting Item 12 of the applicant's DD Form 214, to show that his last unit of assignment prior to his release from active duty was HHC 5th Battalion, 46th Infantry, 198th Light Infantry Brigade, and not HHC, 2nd Battalion, 46th Infantry, 198th Light Infantry Brigade.




      _______ _   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)                                         AR20090010671





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ABCMR Record of Proceedings (cont)                                         AR20090010671



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