IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20150000278
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in item 12 that his last unit of assignment was the 116th Assault Helicopter Company.
2. The applicant states that his DD Form 214 shows in item 12 that his last unit of assignment was the 242nd Aviation Company. However, he was assigned to the 116th Assault Helicopter Company and was never assigned to the 242nd Aviation Company. The 242nd Aviation Company only processed him for his expiration of term of service.
3. The applicant provides no additional documents with his application.
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 in Denver, Colorado on 11 July 1968. He completed his basic training at Fort Bliss, Texas and his advanced individual training as an aircraft rotor and propeller repairman at Fort Eustis, Virginia before being transferred to Vietnam on 1 April 1969 for assignment to the 116th Aviation Company (Assault Helicopter).
3. On 18 January 1970, Special Orders Number 17, issued by Headquarters, 269th Aviation Battalion (Combat) directed the applicants reassignment from the 116th Aviation Company to the 242nd Aviation Company (Assault Support Helicopter).
4. On 12 March 1970, orders were published awarding the applicant the Army Good Conduct Medal while assigned to the 242nd Aviation Company.
5. The applicant departed Vietnam on 24 March 1970 and was transferred to Oakland Army base, California where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 8 months and 14 days of active service. His DD Form 214 issued at the time of his REFRAD shows in item 12 that his last unit of assignment was the 242nd Aviation Company.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show his last unit of assignment as the 116th Aviation Company has been noted and appears to lack merit.
2. The evidence of record clearly shows that the applicant was reassigned from the 116th Aviation Company to the 242nd Aviation Company on 18 January 1970 and that he remained there until he departed Vietnam.
3. Accordingly, it appears that his DD Form 214 is correct and that there is no error or injustice in his case.
4. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20150000278
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ABCMR Record of Proceedings (cont) AR20150000278
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