IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020539
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 last unit of assignment as Company B, 126th Maintenance Battalion.
2. The applicant states his DD Form 214 incorrectly shows the 123rd Maintenance Battalion.
3. The applicant provides copies of his DD Form 214, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record), a picture of himself painting a jeep that indicates he was assigned to the 126th Maintenance Battalion, and an envelope dated 20 May 1970 showing his address as in the 126th Maintenance Battalion.
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. On 3 November 1969, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 52B (Power Generator/Equipment Operator).
3. Item 38 of the applicant's DA Form 20 shows his assignments as:
* 6 April 1970: Enroute to Europe
* 1 to 27 May 1970: Headquarters and A Company, 126th Maintenance Battalion
* 28 May 1970 to 9 May 1971: Company B, 126th Maintenance Battalion
* 10 May to 28 October 1971: Company B, 123rd Maintenance Battalion
4. Special Orders Number 123, 4th Armored Division, dated 3 May 1971, reassigned the applicant from the 126th Maintenance Battalion to the 123rd Maintenance Battalion with an effective date of 10 May 1971. Item 38 of his
DA Form 20 indicates this was a unit redesignation.
5. Special Orders Number 81, 1st Armored Division, dated 29 July 1971, reassigned the applicant from the 123rd Maintenance Battalion to the Transfer Station at Fort Dix, New Jersey for separation processing.
6. Special Orders Number 302, Fort Dix, New Jersey, dated 29 October 1971, released the applicant from active duty and transferred him to the U.S. Army Reserve Control Group (Annual Training) effective that same day.
7. Item 12 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows his unit as Company B, 123rd Maintenance Battalion, U.S. Army Europe.
8. Army Regulation 635-5 (Separation Documents) as then in effect, required the entry in Item 12 of the DD Form 214 to show the last duty assignment for the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his last duty assignment as the 123rd Maintenance Battalion.
2. The evidence of record clearly shows that the applicant had served in both the 126th and 123rd Maintenance Battalions; however, his last period of service was with the 123rd Maintenance Battalion, which is recorded on his DD Form 214.
3. In view of the above, there does not appear to be any error or injustice. Therefore, the applicant's request should be denied.
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) AR20110020539
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020539
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