IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100024227
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by showing both units he served in while in Vietnam.
2. The applicant states he served in the 4th Battalion, 14th Field Artillery Regiment, and the 7th Battalion, 15th Field Artillery Regiment, in Vietnam; however, his DD Form 214 only reflects his assignment to the 7th Battalion, 15th Field Artillery Regiment. Accordingly, he desires both units to be reflected on his DD Form 214.
3. The applicant provides no additional evidence with his application.
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 applicant's 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 applicant's 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 in Albuquerque, New Mexico, on 18 February 1970. He completed basic training at Fort Ord, California, and advanced individual training as a cannoneer at Fort Sill, Oklahoma, before being transferred to Vietnam on 13 July 1970.
3. He was initially assigned to Battery B, 4th Battalion, 14th Field Artillery Regiment. On 13 November 1970, he was transferred to Battery A, 7th Battalion, 15th Field Artillery Regiment. He was advanced to pay grade E-4 on 20 February 1971.
4. He departed Vietnam on 21 September 1971 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on 22 September 1971.
5. His DD Form 214 issued at the time of his REFRAD shows "Btry A, 7th Bn, 15th FA APO 96499 USARV" in block 12 (Last Duty Assignment and Major Command).
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that only the last duty assignment would be reflected on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and were found to lack merit. While the applicant did serve in multiple units in Vietnam, the regulation governing the preparation of the DD Form 214 provided that only the last unit of assignment would be reflected on the DD Form 214.
2. Accordingly, it appears his DD Form 214 properly reflects his last unit of assignment before he was REFRAD and there appears to be no basis for granting his request to add an additional unit to his DD Form 214.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20100024227
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ABCMR Record of Proceedings (cont) AR20100024227
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