IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100007205
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, correction to Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge).
2. The applicant states, in effect, Item 12 of his DD Form 214 should show the 125th Light Infantry Brigade.
3. The applicant provides copies of his DD Form 214 and DD Form 215 (Correction to DD Form 214).
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's military records show he was inducted into the Army of the United States, in pay grade E-1, on 20 December 1965, for 2 years. He completed training and was awarded military occupational specialty 13A (Cannoneer). He served in Vietnam from 6 July 1966 through 5 July 1967. On his return from Vietnam he was assigned to Service Battery, 7th Battalion, 18th Artillery, 197th Infantry Brigade, Fort Benning, Georgia, on 11 August 1967.
3. The applicant was honorably released from active duty, in pay grade E-4, on 11 December 1967, at the expiration of his term of service, and transferred to the United States Army Reserve Control Group (Annual Training). Item 12 of his DD Form 214 shows his last duty assignment and major command was Service Battery, 7th Battalion, 18th Artillery, 197th Infantry Brigade.
4. Army Regulation 635-5 (Separation Documents) governed the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The edition of Army Regulation 635-5 in effect on the date of the applicant's separation specified an individuals current unit of assignment and the title of the major command or agency having jurisdiction over that organization would be listed in Item 12.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was assigned to Service Battery, 7th Battalion, 18th Artillery, 197th Infantry Brigade, at the time of his honorable release from active duty on 11 December 1967. This unit of assignment is properly entered in Item 12 of his DD Form 214. There is no evidence in the available record and none was provided by him to show his last duty assignment was the 125th Light Infantry Brigade at the time of his release from active duty. Based on the foregoing and in accordance with regulatory guidance there appears to be no basis for correction of Item 12.
2. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20100007205
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100007205
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080001003
The applicant requests, in effect, that the unit listed in Item 12 (Last Duty Assignment and Major Command) of his 26 June 1968 separation document (DD Form 214) be corrected. The DD Form 214 he was issued upon his REFRAD shows his last duty assignment was Battery A, 7th Battalion, 18th Artillery. The evidence of record also confirms that neither the applicant's unit in the RVN or his unit at Fort Benning were awarded the PUC during the periods of his assignments to these units.
ARMY | BCMR | CY2009 | 20090000442
The applicant requests, in effect, correction of his 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last duty assignment as Service Battery, 6th Battalion, 32nd Artillery Regiment instead of the 30th Artillery Regiment. Therefore, his DD Form 214 should be corrected to show his correct unit of assignment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting Service Battery, 6th...
ARMY | BCMR | CY2010 | 20100020072
The applicant requests correction of his records to show he was laterally appointed/promoted to command sergeant major (CSM)/pay grade E-9. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 2 (Grade) - "SGM E9"; b. item 3 (Date of Rank) - "23 Nov 66" (i.e., 23 November 1966); c. item 22 (Military Occupational Specialties [MOS]) he was awarded primary MOS 13Z5O and secondary MOS 15E5O (Pershing Missile Crewman) on 23 November 1966; d. item 33 (Appointments and...
ARMY | BCMR | CY2006 | 20060004505C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 AUGUST 2006 DOCKET NUMBER: AR20060004505 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that the last duty assignment that is currently reflected on his Report of Separation (DD Form 214) be changed. The DD Form 214 provides a brief, clear- cut record of active duty service and...
ARMY | BCMR | CY2012 | 20120004419
IN THE CASE OF: BOARD DATE: 13 September 2012 DOCKET NUMBER: AR20120004419 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. Although he contends he served with either the 18th or 26th Infantry in Vietnam, the evidence of record shows he served in MOS 13E while assigned to Battery C, 1st Battalion, 7th Artillery, 1st Infantry...
ARMY | BCMR | CY2010 | 20100010502
The applicant's first duty assignment following completion of training was in Germany with HQ Battery, 2nd Howitzer Battalion, 34th Artillery. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. This document shows the 1st Battalion, 7th Artillery, the unit to which the applicant was assigned, was cited for the following awards: * Republic of Vietnam...
ARMY | BCMR | CY2008 | 20080011673
The applicant requests that item 12 (Last Duty Assignment and Major Command) on his Report of Transfer or Discharge (DD Form 214) be corrected to read Company D, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division. He also requests that item 30 (Remarks) on his DD Form 214 be corrected to show that he served in Vietnam from 28 October 1968 to 28 October 1969. His DD Form 214 also shows that his service in Vietnam was from 28 October 1969 to 21 October 1969. As a result, the...
ARMY | BCMR | CY2013 | 20130015831
Application for correction of military records (with supporting documents provided, if any). 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 AR20120019586 on 30 May 2013. His new argument has been noted; however, there is no available evidence of record showing that the applicant was assigned or attached to the Forward Observer Team...
ARMY | BCMR | CY2015 | 20150000340
The applicant requests, in effect, correction of item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Company B, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division. Item 38 (Record of Assignments) shows he served in Battery A, 3rd Battalion, 34th Artillery Regiment, 9th Infantry Division. Item 12 of the DD Form 214 he was issued at the time of his release indicates his last duty assignment...
ARMY | BCMR | CY2011 | 20110013900
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 AR20100026184, on 4 May 2011. The applicant's records show he held an artillery MOS and served with Artillery units in Vietnam. There is no evidence in the available records that show he met any of the three qualifying conditions for award of the Combat Infantryman Badge.