IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090015264
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, reconsideration of his earlier request that item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected.
2. The applicant states he has found proof showing he was assigned to the 29th Anti-Aircraft Artillery (AAA) Battalion. He further states he is providing a letter from his commanding officer in which he states the applicant was assigned to the 29th AAA Battalion.
3. The applicant provides a self-authored statement and a Headquarters, 29th AAA Battalion, letter, dated 29 December 1953.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090003893 on 4 August 2009.
2. During its original review of the case, the Board determined there was insufficient evidence confirming the applicant's assignment to the 29th AAA Battalion.
3. The applicant's record shows he was inducted into the Army of the United States and entered active duty on 11 February 1952.
4. On 25 January 1954, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 615-363-5 and transferred to the U.S. Army Reserve Rhode Island Military District for completion of his military service obligation.
5. The DD Form 214 he was issued upon his REFRAD shows he completed a total of 1 year, 11 months, and 15 days of active military service. Item 3 (Grade, Rank, Rank, and Date of Appointment) shows the applicant was promoted to the temporary rank of sergeant on 24 December 1953. Item 28 shows his last duty assignment as Headquarters Battery, 24th AAA Automatic Weapons (AW) Battalion (Self-Propelled (SP)), APO 201 [1st Cavalry Division] Unit 1.
6. The applicant provides a letter from the 29th AAA Battalion Commander, dated 29 December 1953, which states the applicant had been under his command for a period of 16 months in which he progressed in grade from private to sergeant by virtue of his qualities and the exercising of superior efficiency in his position.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also established standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained item-by-item preparation instructions for the DD Form 214. The instruction for item 28 stated to enter the last unit or similar element to which assigned for duty rather than the element of which the individual was a part of while moving to a transfer processing activity.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the entry contained in item 28 of his DD Form 214 is incorrect and should instead show he was assigned to the 29th AAA Battalion (AW) (SP) vice the 24th AAA Battalion (AW) (SP) was carefully considered and found to have merit.
2. By regulation, the last unit or similar element to which assigned for duty rather than the element of which the individual was a part of while moving to a transfer processing activity will be entered in item 28 of the DD Form 214.
3. The evidence of record confirms the applicant's most significant duty assignment was the 29th AAA Battalion (AW) (SP) as evidenced by the letter written by his commander 1 month prior to his REFRAD, dated 29 December 1953, in which he confirms the applicant was assigned and under his command for 16 months and that during that period he was promoted to sergeant. Therefore, it would be appropriate to correct his DD Form 214 at this time.
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 amendment of the ABCMR's decision in Docket Number AR20090003893, dated 4 August 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 28 of his DD Form 214 by deleting the current entry and replacing it with the entry "29th AAA Battalion (AW) (SP) and by providing him a correction to his DD Form 214 that reflects this change.
____________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) AR20090015264
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ABCMR Record of Proceedings (cont) AR20090015264
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