IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150000340
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, in effect, 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) to show Company B, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division.
2. The applicant states he served with Company B, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division while serving in the Republic of Vietnam.
3. The applicant provides:
* DD Form 214
* an envelope
* newspaper clipping and assorted documents
* unit patch and crest
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 15 November 1966. He completed training and he was awarded military occupational specialty 13E (Field Artillery Operations and Intelligence Specialist).
3. Special Orders Number 131, issued by Headquarters, 9th Infantry Division, dated 11 May 1967, reassigned him from the United States Army Vietnam (USARV) Transportation Detachment to Battery A, 3rd Battalion, 34th Artillery Regiment, 9th Infantry Division.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 22 April 1967 to 19 April 1968. Item 38 (Record of Assignments) shows he served in Battery A, 3rd Battalion, 34th Artillery Regiment, 9th Infantry Division.
5. Special Orders Number 86, issued by Headquarters, 9th Infantry Division, dated 26 March 1968, reassigned him from Battery A, 3rd Battalion, 34th Artillery Regiment, 9th Infantry Division, to the USARV Returnee Detachment with further assignment to 1st Battalion, 3rd Field Artillery Regiment, Fort Hood, TX.
6. Special Orders Number 276, issued by Headquarters, III Corps and Fort Hood, dated 7 November 1968, reassigned the applicant from Battery A, 1st Battalion, 3rd Artillery Regiment, 2nd Armored Division to the U.S. Army Reserve (USAR) Control Group (Annual Training).
7. On 14 November 1968, he was honorably released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. Item 12 of the DD Form 214 he was issued at the time of his release indicates his last duty assignment as Battery A, 1st Battalion, 3rd Artillery Regiment, 2nd Armored Division.
8. The applicant provides an envelope, newspaper clipping, patch, unit crest, and assorted documents which appear to indicate he may have been assigned or attached to Company B, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division at some point during his service in Vietnam.
9. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge. The regulation, in effect at the time, prescribed entering in item 12 the last duty assignment and major command.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request has been carefully examined.
2. A preponderance of evidence to include orders contained in the applicant's official military personnel file clearly indicate his last unit of assignment and major command was Battery A, 1st Battalion, 3rd Artillery Regiment, 2nd Armored Division. As such, it would be inappropriate to amend item 12 of his
DD Form 214 to show the unit he requests.
3. In light of the foregoing, there is no basis to grant relief.
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) AR20150000340
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ABCMR Record of Proceedings (cont) AR20150000340
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