IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110023478
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 item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states he was in the 82nd Airborne Division not the 3rd U.S. Army.
3. The applicant provides 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 8 August 1962 for a period of
3 years. His DA Form 24 (Service Record) shows he served as a light weapons infantryman assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 325th Infantry in the Dominican Republic from 1 May 1965 to 23 July 1965. On 6 August 1965, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 12 of his DD Form 214 shows his last duty assignment and major command was Headquarters Company, 2nd Battalion, 325th Infantry, 3rd U.S. Army.
4. The 325th Infantry is a component of the 82nd Airborne Division. The following evidence shows the applicant was in the 82nd Airborne Division:
* An entry in Section 1 (Appointments, Promotions, or Reductions) of his DA Form 24
* Orders, dated 15 July 1964
* DD Form 735 (Health Record Abstract of Service)
* DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 12 of his DD Form 214 is incorrect because he was in the 82nd Airborne Division not the 3rd U.S. Army.
2. Since evidence shows his last duty assignment was HHC, 2nd Battalion, 325th Infantry which is a component of the 82nd Airborne Division, item 12 of his DD Form 214 should be corrected to show this major command.
BOARD VOTE:
___X_ __ ___X ___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "3d US Army" in item 12 of his DD Form 214 and replacing it with the entry "82nd Airborne 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) AR20110023478
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ABCMR Record of Proceedings (cont) AR20110023478
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