IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100028172
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 reflect that his last duty assignment and major command was "CO D 3 BN 60 INF 9 INF DIV USARPAC" [Company D, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division, U.S. Army Pacific].
2. The applicant states his DD Form 214 incorrectly reflects that his last duty assignment and major command was "CO B 5 BN 60 INF 9 INF DIV USARPAC" [Company B, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, U.S. Army Pacific] and should read "CO D 3 BN 60 INF 9 INF DIV USARPAC."
3. The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the Silver Star for gallantry in action in Vietnam while assigned to Company D, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division.
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 Cleveland, Ohio, on 6 March 1968. He completed basic training at Fort Knox, Kentucky, and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, before being transferred to Vietnam on 13 August 1968.
3. He was initially assigned to Company D, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division. He was advanced to pay grade E-4 on 1 November 1968 and was promoted to the rank of sergeant/E-5 on 1 May 1969. He was assigned the duties of a squad leader on 11 May 1969.
4. On 21 June 1969, he was transferred to Company B, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, and was assigned the duties of a squad leader. He remained in that position and unit until he departed Vietnam on 7 October 1969 and was transferred to Fort Dix, New Jersey, where he was honorably released from active duty (REFRAD) on 8 October 1969. He completed 1 year, 7 months, and 3 days of total active service.
5. 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.
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 the last unit an individual was assigned to would be entered on the DD Form 214 in block 12.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and appear to lack merit. The applicant was reassigned from Company D, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division, on 21 June 1969 to Company B, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, for the remainder of his service in Vietnam.
2. 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 not the case.
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 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) AR20100028172
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ABCMR Record of Proceedings (cont) AR20100028172
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