IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100029118
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 the unit, D Company, 2nd Battalion, 82nd Airborne Division, he served with in the Republic of Vietnam be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant makes no additional statements.
3. The applicant provides no additional evidence in support of 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 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. He was inducted into the Army of the United States on 29 April 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to:
* Company D, 2nd Battalion, 505th Infantry, 82nd Airborne Division in the Republic of Vietnam from 6 November 1968 to 14 October 1969
* 2nd Battalion, 11th Infantry at Fort Carson, CO from 2 December 1969 to
28 April 1970
4. On 28 April 1970, he was released from active duty. He completed 2 years of active service that was characterized as honorable. Item 12 (Last Duty Assignment and Major Command) on his DD Form 214 contains an entry showing his last duty assignment was Company C, 2nd Battalion, 11th Infantry.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.
a. The Soldier's last assignment and major command was entered in Item 12 (Last Duty Assignment and Major Command) of his DD Form 214.
b. It did not provide, nor was it intended to, for a detailed history of a Soldier's duties and assignments.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 only provides for the entry of the last duty assignment of a Soldier when he is released from active duty or discharged. His DA Form 20 did not indicate the company he was assigned to at Fort Carson. However, the entry did indicate he was assigned to 2nd Battalion, 11th Infantry. Therefore, there is sufficient evidence to conclude the entry in item 12 of his DD Form 214 is correct.
2. The DD Form 214 does not provide, nor is it intended to, a detailed history of all of a Soldier's duties and assignments during his enlistment. Therefore, there is no basis for entering the unit he served with in the Republic of Vietnam on his
DD Form 214 because that unit was not his last duty assignment.
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.
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