IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090020382
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 item 12 (Last Unit of 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 item 12 of his DD Form 214 incorrectly lists his unit as the 89th Engineer Battalion, when in fact it should be the 39th Engineer Battalion, APO 96325. He contends the incorrect unit listing was the result of a typographical error.
3. The applicant provides an award order in support of this 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 applicants record shows that he enlisted in the Regular Army and entered active duty on 17 September 1969. He was trained in, awarded and served in military occupational specialty 51B (Carpentry and Masonry Specialist).
3. The applicants Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 18 August 1970 through 17 August 1971, and during this tour, he was assigned to Company C, 39th Engineer Battalion (Combat).
4. The applicant's Official Military Personnel File (OMPF) contains Headquarters 39th Engineer Battalion (Combat) Special Orders Number 239, dated 27 August 1970. These orders assigned him to Company C, 39th Engineer Battalion (Combat), with a reporting date of 29 August 1970.
5. The applicant's OMPF also contains a DA Form 137 (Installation Clearance Record) which lists his unit as Company C, 39th Engineer Battalion (Combat), APO 96325. It also contains Headquarters, 39th Engineer Battalion (Combat) Special Orders Number 163, dated 12 June 1971, which reassigned him to the United States Army Transition Station, Fort Lewis, Washington, for separation processing. These orders also list the applicant's unit as Company C, 39th Engineer Battalion (Combat).
6. On 17 August 1971, the applicant was honorably separated by reason of overseas returnee. The DD Form 214 he was issued indicates in item 12 that his last duty assignment and major command was Company C, 89th Engineer Battalion (Combat), APO 96325, USARV (United States Army Vietnam).
7. The applicant provides an award order listing his unit as Company C, 39th Engineer Battalion (Combat).
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation contains item by item preparation instructions for the DD Form 214.
9. The version of Army Regulation 635-5 in effect at the time stipulated that for individuals assigned to a transfer activity prior to separation, the losing unit of assignment and the major command having jurisdiction over the losing unit would be entered in Item 12.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that the applicant's last unit of assignment prior to his separation from active duty was Company C, 39th Engineer Battalion (Combat). It is evident that the current entry in item 12 of his DD Form 214 was the result of a typographical error and it would be appropriate to correct it now.
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 the current entry in item 12 of his DD Form 214 and replacing it with the entry "Company C, 39th Engineer Battalion (Combat), United States Army Vietnam (USARV), APO San Francisco 92325"; and by providing him a correction to his DD Form 214 that includes 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) AR20090020382
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020382
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090014320
This form also shows: a. With respect to his unit of assignment, the evidence of record shows he was assigned to the 630th Engineer Company in Vietnam within USARV. Although at the time of separation he was assigned to USAMEDDAC, Fort Gordon, GA, his DD Form 214 erroneously listed his last unit of assignment as USAREUR with the 137th Engineer Company.
ARMY | BCMR | CY2012 | 20120004431
The applicant states his DD Form 214 does not show the PH. Therefore, it would be appropriate to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * PH * AGCM (1st Award) for the period 19 July 1967 through 18 July 1969 * Meritorious Unit Commendation (two awards) * Republic of Vietnam Gallantry Cross with Palm Unit Citation _______...
ARMY | BCMR | CY2002 | 2002075101C070403
In support of his application, the applicant submits a copy of his DD Form 214 with an effective date of 16 January 1970; a copy of a citation awarding him the Purple Heart on 22 April 1968 for wounds received in action in the Republic of Vietnam on 11 January 1968; a copy of a DA Form 209, Delay, Referral, or Follow-up Notice indicating that a previously submitted DD Form 149, Application for Correction of Military Records, dated 6 January 1982, had been received for action by the Reserve...
ARMY | BCMR | CY2012 | 20120003884
Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...
ARMY | BCMR | CY2014 | 20140018294
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 12 (Last Unit of Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was assigned to Company A instead of Company C, 101st Aviation Battalion. ABCMR Record of Proceedings (cont) AR20140018294 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2013 | 20130011440
A review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). The evidence of record shows the applicant performed duty in MOS 12B and he was assigned to the 26th Engineer Battalion while serving in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM...
ARMY | BCMR | CY2011 | 20110022907
The applicant states that his DD Form 214 does not show time served in Vietnam. Therefore, there is insufficient evidence to add the entry, Vietnam and inclusive dates, to Item 30 of his DD Form 214. _______ _ __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.
ARMY | BCMR | CY2010 | 20100027257
The applicant requests in a conversation between him and a member of the Board's staff that his upgraded DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show: * his correct dates of service * Company A, 84th Engineer Battalion as his last duty assignment * his correct dates of Vietnam service * bronze service stars to be worn on his Vietnam Service Medal * the Combat Infantryman Badge (CIB) 2. That DD Form 214 shows his MOS as light weapons...
ARMY | BCMR | CY2009 | 20090007374
The applicant states that he was recommended for and was awarded the Bronze Star Medal with "V" Device for his heroic action on 18 November 1967 and that as an infantryman assigned to an infantry unit in the Republic of Vietnam, he should have received the CIB. Item 32 (Prior Service) of his DD Form 4 (Enlistment Record) shows that on the date of his discharge for the purpose of reenlistment, he held military occupational specialty (MOS) 111.07 (Infantryman) and was assigned to Company D,...
ARMY | BCMR | CY2013 | 20130013440
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Bronze Star Medal (BSM) * Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation * Four Overseas Service Bars * Meritorious Unit Commendation (MUC) (2nd Oak Leaf Cluster) 2. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam...