IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100012551
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 last unit of assignment.
2. The applicant states his last unit of assignment was with the 4th Battalion,
47th Infantry Regiment, 9th Infantry Division.
3. The applicant provides copies of his DD Form 214 and orders awarding him the Purple Heart.
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
29 November 1967 for 2 years. He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 14 November 1968, the applicant was assigned for duty as a squad leader with B Company, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division, located in the Republic of Vietnam.
4. On 20 February 1969, the applicant was medically evacuated to the 106th General Hospital in Japan. He was subsequently assigned to the Medical Holding Detachment, U.S. Naval Hospital, St. Albans, NY.
5. On 26 September 1969, the applicant was retired by reason of temporary physical disability and placed on the Temporary Disability Retired List. He had attained the rank/grade of sergeant (SGT)/E-5.
6. Item 12 (Last Duty Assignment and Major Command) of the applicant's
DD Form 214 shows B Company, 44th Battalion, 47th Infantry Regiment,
9th Infantry Division.
7. Army Regulation 635-5 (Separation Documents) as then in effect, provided that Item 12 of the DD Form 214 would show for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows he was assigned to the 4th Battalion, and not to the 44th Battalion, of the 47th Infantry Regiment. Therefore, his DD Form 214 should be corrected to show his correct unit of assignment.
BOARD VOTE:
________ ________ ________ 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 "Co B 44th Bn 47th Inf 9th Div" and replacing it with the entry "Co B 4th Bn 47th Inf 9th Div."
_______ _ 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) AR20100012551
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100012551
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100028966
Records show the applicant participated in one campaign during his assignment in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "Vietnam Campaign Medal" from item 24 of his DD Form 214; and b. adding the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,...
ARMY | BCMR | CY2010 | 20100028172
His DD Form 214 issued at the time of his REFRAD shows in block 12 (Last Duty Assignment and Major Command) that his last duty assignment and major command was Company B, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division. Accordingly, his DD Form 214 properly reflects that his last unit of assignment was Company B, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, and the applicant failed to show through the evidence submitted and the evidence of record that such was...
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 | CY2007 | 20070006853
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 September 2007 DOCKET NUMBER: AR20070006853 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. DD Form 47 (Record of Induction) shows the applicant was assigned the Service Number 51581322 by the Induction Station on 30 September 1965. Evidence of record clearly shows the applicant's Service Number is US xx581xxx.
ARMY | BCMR | CY2007 | 20070018215
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2008 DOCKET NUMBER: AR20070018215 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, in effect, that item 12 (Last Duty Assignment and Major Command), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected. The applicant states, in...
ARMY | BCMR | CY2012 | 20120020364
IN THE CASE OF: BOARD DATE: 16 July 2013 DOCKET NUMBER: AR20120020364 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests of 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 C Company, 3rd Battalion, 47th Infantry instead D Company, 3rd Battalion, 47th Infantry. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2009 | 20090006818
The applicant requests 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) with an effective date of 17 December 1969 to read Company B, 4th Aviation Battalion, 4th Infantry Division. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal,...
ARMY | BCMR | CY2013 | 20130007808
Therefore, he is entitled to correction of his DD Form 214 to show the requested unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the current entry from item 12 of his DD Form 214 * adding the entry "COMPANY C, 3D BATTALION, 47TH INFANTRY REGIMENT, 9TH INFANTRY DIVISION, USARV" to item 11 of his DD Form 214 __________X_______________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2005 | 20050004720C070206
Delia R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in 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 showing he was awarded the Bronze Star Medal with 1st Oak Leaf...
ARMY | BCMR | CY2010 | 20100010095
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a paratrooper with the 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC; that he volunteered for service in Vietnam; and all of his authorized awards and decorations. (1) Special orders awarded the applicant MOS 36K2P and it is recorded in item 23a of his DD Form 214. (2) However, item 25 of his DD Form 214 does not show the training...