IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021241
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 B, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division.
2. The applicant states he served with a historically significant unit and wants it to be shown on his DD Form 214.
3. The applicant provides no additional documentation.
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. On 26 October 1965, the applicant was inducted into the Army of the United States. He completed his initial training as a infantry direct fire crewman.
3. On 11 April 1966, the applicant was assigned for duty with Company A, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, located at Fort Carson, Colorado.
4. On 2 August 1966, the applicant went with his unit to the Republic of Vietnam (RVN).
5. On 12 May 1967, the applicant was reassigned to Company B, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.
6. On 28 July 1967, the applicant departed the RVN. On 30 July 1967, he was released from active duty (REFRAD) and transferred to the U.S. Army Reserve Control Group (Annual Training).
7. The applicants DD Form 214 shows his last duty assignment and major command as: Company B, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division in the United States Army Vietnam.
8. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. This form is a summary of a Soldier's most recent period of continuous active federal service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 12 was to show the Soldiers last duty assignment and major command.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his last unit of assignment as Company B, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division because this unit was historically significant.
2. The applicants records clearly show he served with Company A, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, and went to the RVN with this unit. There is no evidence showing he was ever assigned to Company B of this same battalion.
3. However, the evidence of record further shows that the applicant was reassigned to Company B, 2nd Battalion, 8th Cavalry Regiment in May 1967, just a couple of months prior to his return to the United States and REFRAD.
4. The applicants DD Form 214 appears to correctly show his last duty assignment and major command.
5. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20120014959
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ABCMR Record of Proceedings (cont) AR20130021241
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