IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120020364
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 of 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 C Company, 3rd Battalion, 47th Infantry instead D Company, 3rd Battalion, 47th Infantry.
2. The applicant states he just discovered the error and wants it changed to show C Company.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 14 June 1967. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to C Company, 3rd Battalion, 47th Infantry, 9th Infantry Division, in the Republic of Vietnam (RVN) on 1 September 1968. On 22 April 1969, the applicant departed the RVN.
4. Special Orders Number 113, dated 23 April 1969, issued by the U.S. Army Personnel Center, Oakland, CA, show the applicant was honorably released from active duty on 23 April 1969 and he was transferred to the U.S. Army Reserve. The orders show his last permanent duty station as C Company, 3rd Battalion, 47th Infantry.
5. Item 12 of the applicant's DD Form 214 shows the entry "CO D 3RD BN 47TH INF USARV USARPAC."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 shows he was assigned to D Company, 3rd Battalion, 47th Infantry. His DA Form 20 and Special Orders Number 113, dated
23 April 1969, show he was assigned to C Company, 3rd Battalion, 47th Infantry while serving in the RVN. Therefore, item 12 of his DD Form 214 should be amended to show C Company, 3rd Battalion, 47th Infantry.
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 is 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 amending his DD Form 214 to delete the entry in item 12 of his DD Form
214 and to add "CO C 3RD BN 47TH INF USARV USARPAC."
_______ _ __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) AR20120020364
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ABCMR Record of Proceedings (cont) AR20120020364
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