IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100019449
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) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "F/79th Arty 1st Cav Div USARV" instead of "F/29th Arty 1st Cav Div USARV."
2. The applicant states the incorrect unit shown is due to a typographical error.
3. The applicant provides his DD Form 214 and various documents showing his unit of assignment.
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 on 16 July 1970. He completed initial entry training and he was awarded military occupational specialty 35M (avionic navigation equipment repairman). The highest rank/grade he attained was specialist four (SP4)/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows his last unit of assignment was Battery F, 79th Artillery, 3d Brigade, 1st Cavalry Division, while he was stationed in the Republic of Vietnam. Headquarters, 3d Brigade,
1st Cavalry Division Special Orders Number 91 Extract, dated 9 July 1971, and other documents provided by the applicant show his unit of assignment as Battery F, 79th Artillery.
4. His DD Form 214 shows he was honorably released from active duty on 23 February 1972 as an early overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 8 days of total active service. Item 12 of this form contains the entry, "F/29th Arty 1st Cav Div USARV."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version of this regulation in effect at the time stated for item 12, enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization.
DISCUSSION AND CONCLUSIONS:
1. Evidence on the applicant's DA Form 20 and other official documents indicate his last unit of assignment and major command was "F/79th Arty 1st Cav Div USARV." It appears the unit name reflected on his DD Form 214 was transcribed in error. Therefore, it would be appropriate to correct item 12 of this DD Form 214 to show "F/79th Arty 1st Cav Div USARV" in item 12.
2. In view of the foregoing, the applicant's DD Form 214 should be corrected as indicated below.
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 from item 12 of his DD Form 214 the entry "F/29th Arty 1st Cav Div USARV" and replacing it with the entry "F/79th Arty 1st Cav Div USARV."
__________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) AR20100019449
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ABCMR Record of Proceedings (cont) AR20100019449
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