BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110014060
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 (Armed Forces of the United States Report of Transfer or Discharge) to show Company A, 2nd Battalion, 72nd Armor, 2nd Infantry Division, instead of Company A, 2nd Battalion, 12th Armor.
2. He states his DD Form 214 incorrectly shows the 2nd Battalion, 12th Armor.
3. He provides his DD Form 214; Headquarters, 2d Infantry Division Special Orders Number 100; and a DA Form 428 (Application for Identification Card).
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. His military records show he was inducted into the Army on 6 April 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows during his tour in Korea he performed duties as a gunner and assistant tank commander while he was assigned to Company A, 2nd Battalion, 72nd Armor, during the period 7 April 1968 to 13 January 1969.
4. Headquarters, 2d Infantry Division Special Orders Number 4, dated 4 January 1969, show he was assigned to Company A, 2nd Battalion, 72nd Armor, at that time.
5. He was honorably released from active duty on 15 January 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 9 months, and 10 days of creditable active service. Item 12 of his DD Form 214 shows his last unit as Company A, 2nd Battalion, 12th Armor.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing discharge documents. It stated the individual's current unit of assignment and the title of the major command or agency would be entered in item 12.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 lists his organization as Company A, 2nd Battalion, 12th Armor. His DA Form 20 and 2nd Infantry Division special orders show he was assigned to Company A, 2nd Battalion, 72nd Armor, immediately prior to his release from active duty. It appears the 72nd Armor was transcribed in error as the 12th Armor. As such, it would be appropriate to correct item 12 of his DD Form 214 to show his last unit of assignment as Company A, 2nd Battalion, 72nd Armor, 2nd Infantry Division.
2. In view of the foregoing, it would be appropriate to correct the applicant's records as shown below.
BOARD VOTE:
___x_____ __x______ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that item 12 of the DD Form 214 of the individual concerned be corrected by showing his last unit of assignment as Company A, 2nd Battalion, 72nd Armor, 2nd Infantry Division.
_______ _ 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) AR20110014060
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