IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140017196
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, the sister of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct unit of assignment.
2. The applicant states the FSM served the Republic of Vietnam (RVN) and he was assigned to the 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division. However, item 12 (Last Duty Assignment and Major Command) of his DD Form 214 has a typographic error and shows the 7th Cavalry Regiment.
3. The applicant provides copies of her birth certificate, the FSM's death certificate, his award orders, and separation documents.
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 FSM's military service records for the period of service under review are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, the DD Form 214 and award orders provided by the applicant offer sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 10202, dated 1 September 1970, show the applicant was awarded the Bronze Star Medal for meritorious service in the RVN for the period 1 November 1969 to
31 August 1970. The orders show the FSM was serving in the rank of sergeant in military occupational specialty 05C (Radio Teletype Operator) and that he was assigned to Troop C, 2nd Squadron, 17th Cavalry, 101st Airborne Division (Airmobile) [TRP C, 2/17 CAV, 101 ABN DIV (AMBL)].
4. A DD Form 214 shows the FSM enlisted in the Regular Army on 25 March 1968 for a period of 3 years, he was honorably released from active duty on
25 October 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement).
a. He had completed 2 years, 7 months, and 1 day of total active service this period that included 1 year, 7 months, and 1 day of foreign service.
b. It also shows in:
* item 12: "C/TRP 2/7th CAV 101 ABN DIV (AMBL) APO 96383 USARV [U.S. Army Vietnam]"
* item 30 (Remarks): "VN SERVICE: 24 March 1969 25 October 1970"
5. The Center for Military History website provides, in pertinent part, military unit history information. It shows during the period of service under review the:
* 7th Cavalry Regiment was organized in the 1st Cavalry Division
* 17th Cavalry Regiment was organized in the 101st Airborne Division
6. Army Regulation 635-5 (Personnel Separations Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.
a. It also establishes standardized policy for preparing and distributing the DD Form 214.
b. Table 2-1 (DD Form 214 Preparation Instructions) contains the item-by-item instructions for completing the DD Form 214. The instructions show for item 12, 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the FSM served in the RVN from 24 March 1969 to 25 October 1970 and that he was assigned to C TRP, 2/17th CAV,
101 ABN DIV (AMBL), USARV.
a. The evidence of record also shows he was reassigned from the RVN to the transfer activity and released from active duty on 25 October 1970.
b. Thus, it appears a typographic error was made while preparing the FSM's DD Form 214 with respect to his last duty assignment.
2. Therefore, it would be appropriate to correct the FSM's DD Form 214 to show his correct unit of assignment.
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
deleting the current entry from item 12 of his DD Form 214 and adding the entry
"Troop C, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division (Airmobile), Army Post Office 96383, U.S. Army Vietnam."
____________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) AR20140017196
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ABCMR Record of Proceedings (cont) AR20140017196
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