BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140006348
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 amendment of item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Germany with the 583rd Ordnance Company, 570th Artillery Group. He also requests any awards and decorations to which he may be entitled for his service in Germany.
2. The applicant states:
a. He served in Germany with the 583rd Ordnance Company, 570th Artillery Group, from 1971 through 1972.
b. Item 12 of his DD Form 214 shows the entry "583 ORD CO USAREUR [583rd Ordnance Company, U.S. Army, Europe]," but does not outline where in Europe he served. His DD Form 214 does not reflect any awards for his service in Germany for this period.
3. The applicant provides:
* DD Form 214
* information about the 583rd Ordnance Company and the 570th U.S. Army Artillery Group
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 4 November 1970 and trained as a light weapons infantryman.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 583rd Ordnance Company in Germany from 15 April 1971 to 4 August 1972.
4. His DA Form 137 (Installation Clearance Record), dated 7 August 1972, shows he was assigned to the 583rd Ordnance Company of the 570th Artillery Group.
5. On 8 August 1972, he was honorably released from active duty.
6. Item 12 of his DD Form 214 shows his last duty assignment and major command as the 583rd Ordnance Company under the command of USAREUR.
7. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
8. There is no evidence of record which shows the applicant is entitled to or authorized any additional awards or decorations for his service in Germany.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. The instructions stated to enter individual's current unit of assignment and the title of the major command in item 12.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in Germany with the 583rd Ordnance Company, 570th Artillery Group, from 1971 to 1972 and item 12 of his DD Form 214 should be corrected to show this unit of assignment.
2. Since his DD Form 214 only shows his last duty assignment as the 583rd Ordnance Company under the command of USAREUR, it would be appropriate to amend item 12 of his DD Form 214 to show the 583rd Ordnance Company was an element of the 570th Artillery Group.
3. Since there is no evidence of record that shows the applicant is entitled to or authorized any additional awards or decorations for his service in Germany, there is insufficient evidence on which to base adding any additional awards or decorations to his 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 the evidence presented is 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 the current entry in item 12 of his DD Form 214 and replacing it with the entry "583rd Ordnance Company, 570th Artillery Group, USAREUR."
2. The Board further determined 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 adding any additional awards or decorations to his DD Form 214.
____________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) AR20140006348
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ABCMR Record of Proceedings (cont) AR20140006348
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