IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140005323
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 11b (Station or Installation at Which Effected) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was separated from Troop E, 9th Cavalry, United States Army Combat Developments Command Experimentation Command (USACDCEC) Camp Roberts, CA.
2. The applicant states that the last unit to which he was assigned was the "3rd of the 60th 9th Infantry Division."
3. The applicant provides a copy of page 3 of his DA Form 20 (Enlisted Qualification Record).
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 26 April 1967. He completed training as a light weapons infantryman. He arrived in Vietnam on 28 September 1967.
3. The applicant departed Vietnam en-route to the United States on 26 September 1968. He was assigned to Troop E, 9th Cavalry, USACDCEC, Camp Roberts, CA.
4. On 17 April 1969, Special Orders Number 107 was published by Headquarters, United States Army Training Center, Infantry, Fort Ord, CA, releasing the applicant from active duty and transferring him to the U.S. Army Reserve Control Group (Annual Training), effective 25 April 1969.
5. Item 11b on the DD Form 214 he received shows the station or installation at which effected as "Transfer Point, Ft Ord Calif." Item 12 (Last Duty Assignment and Major Command) shows "USACDCEC, Trp E, 9th Cav, Cp Roberts, Calif."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, was the authority for the preparation of the DD Form 214. This regulation provided that item 11 of the DD Form 214 was self-explanatory.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. Although the last duty assignment that the applicant held was Troop E, 9th Cavalry, USACDCEC, Camp Roberts, CA, the installation that was affected was Fort Ord, CA. This information is properly shown in item 11b on his DD Form 214.
3. The applicant has not shown error or injustice by a preponderance of the evidence. In view of the foregoing, his 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) AR20140005323
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ABCMR Record of Proceedings (cont) AR20140005323
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