BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090011434
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 his last duty assignment.
2. The applicant states that his last duty assignment was with the 272nd Military Police Company; not with the 772nd Military Police Company as shown on his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214 and page 3 (Item 38 (Record of Assignments)) 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 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 1 April 1963, the applicant enlisted in the Regular Army (RA) for 3 years. He completed his initial training and he was awarded military occupational specialty (MOS) 95B (Military Police).
3. On 16 July 1965, the applicant was assigned for duty as a military policeman with the 272nd Military Police Company, located at Fort Knox, KY.
4. On 4 September 1965, the applicant was assigned with his unit to the Republic of Vietnam.
5. On 27 March 1966, the applicant was released from active duty and he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had attained the rank/grade of specialist four (SP4)/E-4, and he had completed 2 years,
11 months, and 27 days of creditable active duty service.
6. Item 12 (Last Duty Assignment and Major Command) of the applicant's
DD Form 214 shows, "772D MP CO APO SF 96240 USARV."
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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. It stated that for Item 12 enter the individual's current unit of assignment and the title of the major command.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct last duty assignment.
2. The available evidence shows that the applicant's last duty assignment was with the 272nd Military Police Company. It appears that the unit number designation was inadvertently entered as "772nd" versus the "272nd." Therefore, his DD Form 214 should be corrected to show this unit as the "272nd MP Co."
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 from Item 12 of his DD Form 214 the entry "772nd MP Co" and replacing it with the entry "272nd MP Co."
___________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) AR20090011434
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