IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140018532
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 (Certificate of Release or Discharge from Active Duty) to show the correct last duty assignment.
2. The applicant states, in effect, he was never assigned to the unit that is listed on his DD Form 214. He would like his DD Form 214 changed to show he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 30th Infantry Regiment.
3. The applicant provides a copy of his DD Form 214 and five pages of educational forms.
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. After having had prior service, the applicant enlisted in the Regular Army on
3 November 1976. He completed training and was awarded military occupational specialty 91B (Medical Specialist).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
* Item 5 (Oversea Service), he served in Germany from 17 January 1979 thru 27 November 1980
* Item 35 (Record of Assignments), he was assigned to HHC, 1st Battalion, 30th Infantry Regiment, 3d Infantry Division, in the Republic of Germany, from 23 January 1979 to 27 November 1980
4. Orders 164-125, issued by the U.S. Army Regional Personnel Center, Schweinfurt, Germany on 12 June 1980, reassigned him to the U.S. Army Separation Transfer Point, Fort Jackson, SC for separation processing. These orders show his unit of assignment as HHC, 1st Battalion, 30th Infantry Regiment, APO, NY.
5. He was honorably discharged from the Army on 30 October 1980. His DD Form 214 shows he was credited with 3 years, 11 months, and 28 days of net active service, including 1 year, 9 months, and 12 days of foreign service. The highest rank/grade he attained while serving on active duty was specialist/ E-4. Item 7 shows he was assigned to "HHC 1st BN 39th Infantry E7 USAREUR."
6. The applicant provided five pages of educational forms that list his unit of assignment as HHC, 1st Battalion, 30th Infantry Regiment.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. Its purpose is to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The
version of the regulation in effect at the time of his discharge stated to enter the last unit of assignment, major command, and the corresponding two character assignment code shown in paragraph 2-4, Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Code) in item 7.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his correct last duty assignment was carefully considered and was determined to have merit.
2. The preponderance of the evidence shows at the time of his discharge he was assigned to HHC, 1st Battalion, 30th Infantry Regiment, which was located in Europe. There is no evidence in his records that suggests he was ever assigned to HHC, 1st Battalion, 39th Infantry Regiment, as indicated on his DD Form 214; therefore, it would be appropriate to amend item 7 of his DD Form 214 to show his correct last 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 amending item 7 of his DD Form 214 by:
* deleting the entry "HHC 1ST BN 39TH INFANTRY E7 USAREUR"
* adding the entry "HHC 1ST BN 30TH INFANTRY E7 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) AR20100014579
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ABCMR Record of Proceedings (cont) AR20140018532
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