BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130007808
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 Unit of 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 the 3d Battalion, 47th Infantry Regiment, vice the 3d Battalion, 49th Infantry Regiment.
2. The applicant states he has citations that confirm he served with Company C, 2d Battalion, 60th Infantry Regiment, and then with Company C, 3d Battalion, 47th Infantry Regiment. The units operated within the zones that were subjected to Agent Orange.
3. The applicant provides:
* DD Form 214
* Army Commendation Medal Citation
* DD Form 1351-2 (Travel Voucher or Sub-voucher)
* DA Form 2139 (Military Pay Voucher)
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's records show he was inducted into the Army of the United States on 17 January 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).
3. He served in Vietnam from on or about 8 December 1966 to 7 December 1967. He was assigned as follows:
* Company C, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division, from on or about 8 December 1966 to 11 September 1967
* Company C, 3d Battalion, 47th Infantry Regiment, 9th Infantry Division, from 12 September 1967 to 7 December 1967
4. His service records contain multiple awards and he provides a travel voucher and an Army Commendation Medal Citation that confirm his assignment to the 3d Battalion, 47th Infantry Regiment.
5. He was honorably released from active duty on 8 December 1967 as an overseas returnee. Item 12 of his DD Form 214 shows the entry "CO C 3/49INF 9INFDIV APOSF 96372 USARV," indicating he was last assigned to Company C, 3d Battalion, 49th Infantry Regiment, 9th Infantry Division, located in the U.S. Army Vietnam theater of operations or major command.
DISCUSSION AND CONCLUSIONS:
The applicant's last duty assignment was with Company C, 3d Battalion, 47th Infantry Regiment, 9th Infantry Division, U.S. Army Vietnam. It appears his DD Form 214 inadvertently listed the regiment as the 49th vice the 47th. Therefore, he is entitled to correction of his DD Form 214 to show the requested unit.
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:
* deleting the current entry from item 12 of his DD Form 214
* adding the entry "COMPANY C, 3D BATTALION, 47TH INFANTRY REGIMENT, 9TH INFANTRY DIVISION, USARV" to item 11 of his DD Form 214
__________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) AR20130007808
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ABCMR Record of Proceedings (cont) AR20130007808
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