BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005742
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 reflect his unit of assignment at discharge was the 7th Cavalry Regiment, 3rd Infantry Division.
2. The applicant states as he advances in age and contemplates his mortality, he would like his service as a member of the 3rd Infantry Division to be recognized.
3. The applicant provides:
* DD Form 214
* photo of a unit jeep from his time in service with 3-7 CAV stenciled on the bumper
* Seventh United States Army Certificate of Safety
* Honorable Discharge Certificate
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. On 1 October 1957, the applicant was inducted into the U.S. Army and honorably released from active duty on 10 September 1959.
3. The applicant's DD Form 214 at item 12 (Last Duty Assignment and Major Command) reflects his last duty assignment as B Troop, 2nd Reconnaissance Squadron, 7th Cavalry Regiment. The Major Command was omitted on that line.
4. The applicant provides a photo showing a jeep with 3-7 CAV stenciled on the bumper as well as a Seventh United States Army certificate awarded to him on 6 March 1959.
5. In accordance with the 3rd Infantry Division (Mechanized), Rock of the Marne, history of United States Army Europe (USAREUR) Units, found at http://www.usarmygermany.com, the Major Subordinate Command and Major Command that 2nd Reconnaissance Squadron, 7th Cavalry Regiment, fell under during the applicant's time of assignment was 3rd Infantry Division, USAREUR.
6. Army Regulation 635-5 (Personnel Separations), effective 12 June 1956, provided detailed instructions for completing separation documents, including the DD Form 214. At Item 12, the regulation advises: Enter the last unit, or similar element, to which assigned for duty rather than the element of which the individual was a part while moving to a transfer processing activity. The title and/or number of the organization will be precisely as indicated in the service record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows his unit of assignment at his time of his separation was B Troop, 2nd Reconnaissance Squadron, 7th Cavalry Regiment.
2. Although the applicant did not provide and there are no further service records available corroborating the Major Command to which the 7th Cavalry Regiment belonged, a history of USAREUR units reflects that the Major Subordinate Command and Major Command his unit fell under was 3rd Infantry Division, USAREUR.
3. The evidence indicates an administrative error occurred by omitting the applicant's Major Subordinate Command and Major Command on his DD Form 214. As such, it would be appropriate to correct the error at this time.
BOARD VOTE:
__X______ __X______ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending his DD Form 214 to show his Major Subordinate Command and Major Command was 3rd Infantry Division, USAREUR.
_______ _ 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) AR20140005742
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