RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 NOVEMBER 2003                  
	DOCKET NUMBER:   AR2003090803

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert L. Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show "84th Artillery" vice "74th Artillery."

2.  The applicant states that the entry showing his last duty assignment as 74th Artillery was a typographical error.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on             13 January 1968.  The application submitted in this case is dated 24 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 1 February 1966, completed training, and was assigned to Fort Riley, Kansas.  In August of that year he was assigned to A Battery, 1st Battalion, 84th Artillery, 9th Infantry Division, at Fort Riley.  In January 1967 he was assigned with his unit to Vietnam.  Promotion orders, reassignment orders, a clearance certificate, a debriefing statement, and his enlisted qualification record, all show his assignment to the above named organization.  He returned to the United States and was released from active duty on 13 January 1968.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 indicates, "A BTRY 1ST BN 74TH ARTY 4TH INF USARPAC."  

DISCUSSION AND CONCLUSIONS:

The applicant's assigned unit from August 1966 until his return to the United States in January 1968 was A Battery, 1st Battalion, 84th Artillery, 9th Infantry Division.  Item 12 of his DD Form 214 is incorrect and should be changed accordingly. 

BOARD VOTE:

__JHL___  __LDS __  __RLD __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant's last duty assignment as shown in Item 12 of his 13 January 1968 DD Form 214 is A Battery, 1st Battalion, 84th Artillery, 9th Infantry, vice the entry shown.

		___Joann H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090803	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.