IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140018802
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) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was assigned to Headquarters and Headquarters Service Battery (HHSB), 1st Battalion, 94th Artillery, in Germany from 1966 until December 1967.
3. The applicant provides:
* a photograph of his Army jacket
* 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 was inducted into the Army of the United States on 30 December 1965.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units in Germany:
* Battery B, 1st Battalion, 94th Artillery, from 26 July 1966 to 7 August 1966
* HHSB, 1st Battalion, 94th Artillery, from 8 August 1966 to 6 January 1967
* 4th Armored Division Noncommissioned Officer Academy from 7 January 1967 to 20 January 1967
* HHSB, 1st Battalion, 94th Artillery, from 21 January 1967 to 6 December 1967
4. On 9 December 1967, he was honorably released from active duty.
5. Item 12 of his DD Form 214 shows his last duty assignment as "APO [Army Post Office] 09696 HH SVC BTRY [Headquarters and Headquarters Service Battery] 5TH BN [5th Battalion] 94th ARTY [94th Artillery] USAREUR [U.S. Army Europe]."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention the last duty assignment and major command shown on his DD Form 214 is incorrect has merit.
2. The entry on the applicant's DA Form 20 showing his last duty assignment and major command as HHSB, 1st Battalion, 94th Artillery, USAREUR, is accepted as sufficient evidence on which to amend item 12 of his DD Form 214.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 in item 12 of his DD Form 214 and replacing it with the entry "APO 09696 HHSB, 1ST BN, 94TH ARTY, 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) AR20140018802
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018802
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