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ARMY | BCMR | CY2015 | 20150000010
Original file (20150000010.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  8 September 2015	  

		DOCKET NUMBER:  AR20150000010 


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 (Report of Separation from Active Duty) to show the Army Good Conduct Medal and his last unit of assignment as the 11th Engineer Battalion (Combat). 

2.  The applicant states, in effect, his DD Form 214 indicates his last duty assignment was with Headquarters and Headquarters Company, 2nd Battalion.  It actually was the 11th Combat Engineer Battalion.  The change took place in July 1976 at Fort Belvoir, VA.  He wants this mistake corrected and the Army Good Conduct Medal listed on his DD Form 214.  

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 enlisted in the Regular Army on 23 October 1973 and he held military occupational specialty (MOS) 31B (Field Radio Mechanic).  

3.  His DA Form 20 (Enlisted Qualification Record) and its replacement, the 
DA Form 2-1 (Personnel Qualification Record), both show, following completion of MOS training, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, U.S. Army Engineer School Brigade, Fort Belvoir, VA. 

4.  His records contain multiple Enlisted Evaluation Reports and at least one letter of appreciation listing his unit of assignment as Headquarters and Headquarters Company, 2nd Battalion, U.S. Army Engineer School Brigade, Fort Belvoir, VA. 

5.  On 20 July 1976, Headquarters, U.S. Army Engineer Center, Fort Belvoir, published Orders 13-9 ordering his reassignment to the Separation Transfer Point effective 22 October 1976 for separation.  The orders listed his:

* unit as Headquarters and Headquarters Company, 2nd Battalion, U.S. Army Engineer School Brigade
* Major Command as the U.S. Army Training and Doctrine Command (TC)
* unit’s location as Fort Belvoir, VA 

6.  He was honorably released from active duty on 22 October 1976.  His 
DD Form 214 shows his last unit of assignment as Headquarters and Headquarters Company, 2nd Battalion, U.S. Army Engineer School, Fort Belvoir, VA, and he was awarded or authorized the National Defense Service Medal.

7.  On 4 March 2014, in response to his petition, the U.S. Army Human Resources Command published Permanent Orders 063-04, awarding him the Army Good Conduct Medal and issued him a DD Form 215 (Correction to
DD Form 214) adding this award. 

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established 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 service and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 stated for item 11, enter the last unit of assignment and major command with the corresponding two character assignment codes per Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes), paragraph 2-4.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's last duty assignment was with Headquarters and Headquarters Company, 2nd Battalion, U.S. Army Engineer School Brigade, Fort Belvoir, VA, which fell under the U.S. Army Training and Doctrine Command, or TC.  His unit and major command are properly identified on his DD Form 214.  His records do not contain and he has not provided evidence to show he was assigned to the 11th Engineer Battalion.  Therefore, he should not receive the requested relief.

2.  He was issued orders awarding him the Army Good Conduct Medal as well as a DD Form 215 listing the award.  He should be provided copies of the orders and the DD Form 215 by separate correspondence. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20150000010



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ABCMR Record of Proceedings (cont)                                         AR20150000010



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