BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140018294
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 Unit of Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was assigned to Company A instead of Company C, 101st Aviation Battalion.
2. The applicant states he never served with Company C.
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's records show he was inducted into the Army of the United States on 28 July 1970 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).
3. His DA Form 20 (Enlisted Qualification Record), which would have listed his chronological record of assignments, is not available for review with this case. However, other documents in his records show he served in Vietnam from 4 April 1971 to 11 January 1972.
4. Special Orders Number 313, issued by Headquarters, 101st Airborne Division, on 9 November 1971 promoted him to specialist five on 9 November 1971. His unit of assignment is listed as Company A, 101st Aviation Battalion.
5. Special Orders Number 335, also issued by Headquarters, 101st Airborne Division, on 1 December 1971, awarded him the Aircraft Crewman Badge effective 19 November 1971. His unit of assignment is listed as Company A, 101st Aviation Battalion.
6. Special Orders Number 73, issued by Headquarters, 101st Airborne Division, on 7 January 1972 reassigned him back to the transfer station in the continental United States, effective 12 January 1972 for the purpose of separation. His unit of assignment is listed as Company C, 101st Aviation Battalion.
7. He was honorably released from active duty on 12 January 1972. Item 12 of his DD Form 214 shows the entry Company C, 101st Aviation Battalion (Airmobile), Army Post Office (APO) 96383, U.S. Army Vietnam (USARV).
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Chapter 2 states for item 12 enter the last unit of assignment and major theater/command.
DISCUSSION AND CONCLUSIONS:
The available records show the applicant served in Vietnam with Company A, 101st Aviation Battalion. It is possible he was reassigned to Company C prior to his departure from Vietnam. Nevertheless, the preponderance of the evidence supports his contention that he was assigned to Company A. There is no harm to the Army or the Soldier if his last unit of assignment is corrected to show Company A vice Company C.
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 existing entry in item 12 of his DD Form 214 and adding the entry "Company A, 101st Aviation Battalion (Airmobile), APO 96383, USARV."
_________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) AR20140018294
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ABCMR Record of Proceedings (cont) AR20140018294
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