IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130008557
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 C vice Company D, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade.
2. The applicant states an accidental error occurred during his hospitalization when he was transferred from combat after he had been wounded.
3. The applicant provides no additional evidence.
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 29 August 1968. He was awarded and held military occupational specialty 11B (Light Weapons Infantryman).
3. Following completion of initial entry training, he served in the Republic of Vietnam from 20 January to 20 September 1969. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company D, 4th Battalion, 31st Infantry, on 3 February 1969.
4. Headquarters, Americal Division, Special Orders Number 107, dated 17 April 1969, awarded him the Combat Infantryman Badge. These orders listed his name and the unit of assignment as Company C, 4th Battalion, 31st Infantry.
5. He was wounded in action on 20 August 1969. The official Army message, dated 22 August 1969, identified him as having sustained fragment wounds to his left hand and chest while on a combat sweep mission with Company C, 4th Battalion, 31st Infantry.
6. He was evacuated to the 249th General Hospital on 25 August 1969 and then to the U.S. Army Hospital, Fort Campbell, KY, on 22 September 1969.
7. He was permanently retired on 8 May 1970 by reason of physical disability. Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows he was last assigned to Company D, 4th Battalion, 31st Infantry, 196th Infantry Brigade.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Item 12 shows the Soldier's last duty assignment and major command prior to separation.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant may have been initially assigned to Company D upon arrival to the 4th Battalion, 31st Infantry Regiment, several documents in his service records show he served with Company C, 4th Battalion, 31st Infantry Regiment, during his service in Vietnam. This unit was his last unit of assignment at the time of his evacuation from Vietnam, not at the time of his retirement.
2. When he retired on 22 September 1969, he was neither assigned to Company D nor Company C; he was assigned to the U.S. Army Hospital, Fort Campbell, KY. This is the correct "last unit of assignment." However, there is no harm to the Army or the Soldier to show his Vietnam unit as the last unit of assignment. As such, it appears the company designation was incorrectly entered as Company D instead of Company C. Therefore, as a matter of equity only, his DD Form 214 should be corrected to show Company C as the last unit of assignment.
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 Company D from item 12 of his DD Form 214 and replacing it with Company C.
_______ _ 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) AR20130008557
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