IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100016076
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 last unit of assignment as Headquarters and Headquarters Troop, 1st Squadron, 12th Cavalry (HHT 1/12th Cavalry).
2. The applicant states that he was assigned to HHT 1/12th Cavalry, and not to the HHT 1/10th Cavalry as shown on his DD Form 214.
3. The applicant provides copies of his DD Form 214; orders; and a company roster, dated 1 August 1971, showing his assignment to the 12th Cavalry.
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. On 29 August 1969, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 17K (Surveillance Radar Crewman).
3. DA Form 20 (Enlisted Qualification Record) shows the applicant's assignments as:
a. 21 March 1970 to 17 August 1970: 2nd Battalion, 52nd Infantry, 1st Armored Division, Fort Hood, Texas;
b. 3 September 1970 to 19 September 1971: E Company, 1st Battalion, 12th Cavalry Regiment, located in the Republic of Vietnam;
c. 11 November 1971 to 28 February 1972: HHT 4/12 Cav [this entry was penciled in and is incomplete as to location.
4. Special Orders Number 17, 4th Infantry Division, Fort Carson, Colorado, dated 17 January 1972, transferred the applicant from HHT 1/10th Cavalry to the Transfer Point, U.S. Army Garrison.
5. Standard form 88 (Report of Medical Examination) dated 16 February 1972, indicates that the applicant was assigned at the time to the HHT 1/10th Cavalry.
6. Special Orders Number 059, 4th Infantry Division, Fort Carson, Colorado, dated 28 February 1972, transferred the applicant from the Transfer Point, U.S. Army Garrison to the U.S. Army Reserve Control Group (Annual Training).
7. The applicant's DD Form 214, effective 28 February 1972, shows in Item 12 (Last Duty Assignment and Major Command): HHT 1/10 Cavalry, Sixth U.S. Army.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 12 provides for the entry of the Soldier's last duty assignment prior to transfer for separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his last unit of assignment as Headquarters and Headquarters Troop, 1st Squadron, 12th Cavalry (HHT 1/12th Cavalry).
2. The available evidence of record clearly shows that the applicant was assigned to the 12th Cavalry Regiment while in the Republic of Vietnam. However, his last duty assignment was with the 10th Cavalry Regiment at Fort Carson, Colorado. Accordingly, this unit was recorded on his DD Form 214.
3. In view of the above, the applicant's request should be denied.
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) AR20100016076
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ABCMR Record of Proceedings (cont) AR20100016076
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