BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20100000178
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 item 12 (Last Duty Assignment and Major Command) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include "101st Airborne Division." He also requests correction of his DD Form 214 to show award of the Presidential Unit Citation.
2. The applicant states he was awarded the Presidential Unit Citation.
3. The applicant provides no additional documentation.
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 applicant was inducted into the Army of the United States on 13 May 1970 and he completed training as a field artillery crewman. He served in Vietnam from 16 November 1970 to 14 November 1971 and he was assigned to A Battery and then to B Battery, 1st Battalion, 39th Artillery, 101st Airborne Division (Airmobile).
3. The applicant was reassigned to the Transfer Center or Transfer Point on 15 November 1971, for separation processing in Special Orders Number 283, published by the Department of the Army, Headquarters, 1st Battalion, 39th Artillery, 101st Airborne Division "(Ambl)," APO San Francisco 96383, dated 8 November 1971.
4. On 15 November 1971, the applicant was honorably released from active duty as an overseas returnee.
5. Item 12 on his DD Form 214 shows B Battery, 1st Battalion, 39th Artillery, APO 96383, as his last duty assignment and major command.
6. His DD Form 214 also shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
7. A review of the available records and Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) does not show the unit to which the applicant was assigned was awarded the Presidential Unit Citation.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, enter the losing unit of assignment as 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 "Maj Comd/Agcy" of the orders reassigning the individual to the transfer activity or the medical holding detachment.
DISCUSSION AND CONCLUSIONS:
1. The applicant was assigned to the 101st Airborne Division (Ambl) and it is reasonable to add this information to item 12 on his DD Form 214.
2. However, there is no evidence in the available records, nor has the applicant submitted any evidence, to support his contention that the unit to which he was assigned was awarded the Presidential Unit Citation.
3. Therefore, it would not be appropriate to add the Presidential Unit Citation to his DD Form 214 until such time as he can provide evidence to support his contention.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding in item 12 of his DD Form 214 the entry "101st Airborne Division (Ambl)."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show the Presidential Unit Citation.
_______ _ 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) AR20100000178
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ABCMR Record of Proceedings (cont) AR20100000178
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