IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110018924
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 he was assigned to Headquarter and Headquarters Company (HHC), 4th Battalion (Mechanized), 25th Infantry Division in lieu of the 23rd Infantry Division.
2. The applicant states he was assigned to HHC, 4th Battalion (M), 25th Infantry Division.
3. The applicant provides his DD Form 214 and a citation for award of the Army Commendation Medal (ARCOM).
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's records show he was inducted into the Army of the United States on 12 May 1965 and he held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). Subsequent to completion of MOS training, he was assigned to HHC, 1st Battalion, 60th Infantry, Fort Richardson, Alaska, on or about 13 October 1965.
3. It appears on 22 December 1965, he was reassigned to HHC, 4th Battalion (Mechanized), 23rd Infantry Regiment, 172nd Infantry Brigade, Fort Richardson, Alaska.
4. On 30 December 1965, Headquarters, U.S. Army Alaska published Letter Orders 12-70 ordering the 4th Battalion (Mechanized), 23rd Infantry Regiment on a permanent change of station to the U.S. Army Pacific for service in Vietnam.
5. On 17 January 1966, HHC, 4th Battalion (Mechanized), 23rd Infantry published official orders promoting him to E-3, while in Seattle, awaiting movement to Vietnam.
6. On 12 January 1967, HHC, 4th Battalion (Mechanized), 23rd Infantry, published official orders promoting him to E-4 while in Vietnam.
7. On 22 January 1967, Headquarters, 25th Infantry Division, published official orders awarding him a higher level MOS. The orders listed his unit of assignment as HHC, 4th Battalion (Mechanized), 23rd Infantry.
8. On 1 March 1967, Headquarters, 25th Infantry, published official orders awarding him the Army Commendation Medal for meritorious service while assigned to HHC, 4th Battalion (Mechanized), 23rd Infantry.
9. On 14 March 1967, he outprocessed HHC, 4th Battalion (Mechanized), 23rd Infantry in Vietnam for movement back to Fort Dix, NJ, for separation.
10. He was honorably released from active duty on 17 March 1967. Item 12 of his DD Form 214 shows his last unit of assignment was HHC, 4th Battalion (Mechanized), 23rd Infantry Division.
11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It is important that information entered on the form should be complete and accurate. Item 12 of the version in effect at the time showed the Soldier's last duty assignment at the time of separation or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he was assigned to HHC, 4th Battalion (Mechanized), 25th Infantry Division in lieu of the 23rd Infantry Division.
2. The applicant was assigned to HHC, 4th Battalion (Mechanized), 23rd Infantry, at Fort Richardson, Alaska. He proceeded with this unit on a PCS move to Vietnam where it appears the unit was attached or was under the operational control of the 25th Infantry Division. He was never assigned to the 25th Infantry Division.
3. Upon his release from active duty, his DD Form 214 inadvertently listed his last duty assignment as the 23rd Infantry Division. Although he was not assigned to the 25th Infantry Division, his DD Form 214 should be corrected in any case to show he was assigned to the 23rd Infantry Regiment vice 23rd Infantry Division.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12 of his DD Form 214 the entry "23rd Infantry Division" and adding the entry "23rd Infantry Regiment."
2. The Board further determined that the evidence presented is insufficient to
warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show his last duty assignment was HHC, 4th Battalion (Mechanized), 25th 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) AR20110018924
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ABCMR Record of Proceedings (cont) AR20110018924
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