IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130008914
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 duty assignment as "582nd Support Company, 82nd Airborne Division, Third U.S. Army" and to add his Vietnam combat certificate.
2. The applicant states, in effect, his Vietnam combat certificate was not included on his DD Form 214 and his last duty assignment was incorrectly listed as "582nd Support Company, Third U.S. Army."
3. The applicant provides his Vietnam combat certificate and 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 23 August 1969. He held military occupational specialty 76V (Materiel Storage and Handling Specialist) and attained the rank/grade of specialist four/E-4.
3. His record does not contain a DA Form 20 (Enlisted Qualification Record); however, Special Orders (SO) Number 67, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, on 12 March 1969 show he was transferred from the 82nd Quartermaster Company and assigned to the 582nd Support Company with an effective report date of 6 March 1969.
4. He was honorably released from active duty on 24 August 1969. His
DD Form 214 shows in:
* item 12 (Last Duty Assignment and Major Command): 582nd Support Company, Third U.S. Army
* item 22 (Statement of Service): he completed 2 years of net active service, of which 8 months and 12 days were credited as foreign service in the U.S. Army Pacific (USARPAC)
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device 1960
5. He provided a Vietnam combat certificate showing he served in the Republic of Vietnam from April 1968 to April 1969.
6. Army Regulation 635-5.(Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the 582nd Support Company was subordinate to the 82nd Airborne Division; therefore, there is no harm in correcting item 12 of his DD Form 214 to show his last duty assignment as "582nd Support Company, 82nd Airborne Division, Third U.S. Army."
2. Certificates of achievement, letters of appreciation, and similar documents such as the combat certificates are not authorized for entry on the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12 of his DD Form 214 the entry "582D SUP CO (TUSA)" and replacing it with the entry "582nd Support Company, 82nd Airborne Division, Third U.S. Army."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his Vietnam combat certificate.
____________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) AR20130008914
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008914
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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