IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013010 


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 12 (Last Duty Assignment and Major Command) and item 15 (Reenlistment Code (RE Code)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* no such unit exists, he was assigned to the 3rd Battalion, 82nd Artillery Regiment, 196th Light Infantry Brigade, 23rd Infantry Division 
* his medical records were lost
* his DD Form 214 shows he was sent to Cam Ranh Bay as a result of someone else's information in his medical records

3.  The applicant provides his 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 enlisted in the Regular Army (RA) on 27 June 1969.  He served in Vietnam from on or about 22 June 1970 to 7 December 1971.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments during his service in Vietnam he was assigned to Headquarters and Headquarters Battery (HHB), 3rd Battalion, 82nd Artillery Regiment on 4 July 1970.

4.  His record contains:

	a.  Special Orders Number 181, dated 30 June 1970, which show he was assigned to HHB, 3rd Battalion, 82nd Artillery Regiment, effective 2 July 1970.

	b.  His disciplinary history which includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for being absent without leave from HHB, 3rd Battalion, 82nd Artillery Regiment from 10 July to 14 July 1971.

	c.  Special Order A-584, dated 8 December 1971, which shows he was assigned in a patient status to the U.S. Army Hospital, Fort Campbell, KY, effective 9 December 1971.

	d.  Special Orders Number 209, dated 22 December 1971, which show he was assigned from the Medical Holding Detachment to Headquarters, Transfer Point, Fort Huachuca, AZ, effective 3 January 1972.

5.  On 3 January 1972, he was honorably released from active duty at the completion of required active service.  The DD Form 214 he was issued shows in:

	a.  item 12, his last unit of assignment and major command was HHB, 
3rd Battalion, 80th Artillery Regiment, 23rd Infantry Division;

	b.  item 15, his RE Code as RE-3B; and

	c.  item 30 (Remarks):

		(1)  reference item 15: Table 2-5, Army Regulation 601-210 (Active and Reserve Components Enlistment Program) applies; and 

		(2)  he had 3 days of lost time.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-21 stated that for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Major Command/Agency" of the orders reassigning the individual to the transfer activity or the medical holding detachment.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time of the applicant's separation, covered eligibility criteria, policies, and procedures for enlistment and processing into the RA, U.S. Army Reserve, and Army National Guard.  Table 2-5 prescribed the basic eligibility for service applicants for enlistment and included a list of Armed Forces RE codes.  RE Code 3B applied to persons who had lost time during their last period of service at the time of separation and were ineligible for enlistment unless a waiver was granted.

8.  The U.S. Army Center of Military History, Force Structure and Unit History Branch shows that the 3rd Battalion, 82nd Artillery Regiment was:

	a.  relieved on 15 February 1969 from assignment to the 196th Infantry Brigade and assigned to the 23rd Infantry Division;

	b.  redesignated on 1 September 1971 as the 3rd Battalion, 82d Field Artillery Regiment;

	c.  relieved on 1 November 1971 from assignment to the 23rd Infantry Division and assigned to the 196th Infantry Brigade; and 

	d.  inactivated on 30 June 1972 and relieved from assignment to the 196th Infantry Brigade.


DISCUSSION AND CONCLUSIONS:
1.  Evidence of record shows that prior to the applicant's release from active duty, his last duty assignment and major command were HHB, 3rd Battalion, 82nd Artillery, 23rd Infantry Division.  Therefore, he is entitled to correction of item 12 of his DD Form 214 to show this unit and major command.

2.  Evidence of record shows the applicant had 3 days lost time.  Army Regulation 601-210, Table 2-5, in effect at the time of the applicant's separation, clearly stated that RE Code 3B applied to persons who had time lost during their enlistment.  Therefore, the applicant was assigned the appropriate RE Code of 3B at the time of his discharge.

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:

	a.  deleting HHB, 3rd Battalion, 80th Artillery Regiment, 23rd Infantry Division from item 12 of his DD Form 214; and 

	b.  adding HHB, 3rd Battalion, 82nd Artillery Regiment, 23rd Infantry Division to item 12 of his DD Form 214.



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 changing his RE Code.  



      __________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)                                         AR20140013010



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ABCMR Record of Proceedings (cont)                                         AR20140013010



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