BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015412
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 show his unit of assignment in Vietnam.
2. The applicant states he was assigned to the 525th Quartermaster Company.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 9 November 1967 for a period of 3 years. He held military occupational specialty 63H (Engine and Powertrain Repairman). The highest rank/grade he attained was specialist five (SP5)/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 525th Quartermaster Company in Vietnam from 10 June 1968 to 4 June 1969. He departed Vietnam en route to the U.S. Army Europe (USAREUR) for assignment in Germany. On 15 July 1969, he was assigned to the 66th Heavy Equipment Maintenance (HEM Company). He remained in Germany from
15 July 1969 until 29 October 1970.
4. On 30 October 1970, he was honorably released from active duty as an overseas returnee. The DD Form 214 he was issued at the time shows in:
* item 12 (Last Duty Assignment and Major Command) the entry "66th HEM Company, USAREUR"
* item 30 (Remarks) the entry "USARPAC (U.S. Army Pacific) Vietnam
6 Jun 68 - 5 Jun 69"
5. Army Regulation 635-5 (Personnel Separations - Separations Documents), in effect at the time, states for personnel assigned on orders to a transfer activity or to a medical holding detachment prior to separation, enter the losing unit of assignment and the title of the major command or agency with jurisdiction over the losing unit of assignment. For all other personnel, enter the individual's current unit of assignment and the title of the major command or agency with jurisdiction over that organization.
6. Army Regulation 635-5 states the inclusive dates for service in Vietnam that occurred during the current period of service will be entered in the remarks section of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Item 12 of the applicant's DD Form 214 correctly shows his last unit of assignment. His assignment to Vietnam was his first duty assignment, not his last one. Therefore, there is no basis for changing the current entry in item 12 of his DD form 214.
2. Item 30 of the DD Form 214 correctly lists the inclusive dates for his service in Vietnam. There is no provision for listing a specific unit of assignment in addition to the inclusive dates of his service in Vietnam.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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.
ABCMR Record of Proceedings (cont) AR20110015412
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ABCMR Record of Proceedings (cont) AR20110015412
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