IN THE CASE OF:	  

		BOARD DATE:	  26 February 2014

		DOCKET NUMBER:  AR20130010568 


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 his duty assignment in the 82nd Airborne Division be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* his DD Form 214 should show he was in Company C, 82nd Combat Aviation Battalion of the 82nd Airborne Division
* he volunteered for the 82nd Airborne and he worked very hard to get qualified to be in that unit
* he was very proud as a young man to be there   

3.  The applicant provides:

* reassignment orders
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* DA Forms 2496 (Disposition Form)
* U.S. Army Reserve Honorable Discharge Certificate
* diploma  

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 enlisted in the Regular Army on 19 January 1979.  He completed his training and was awarded military occupational specialty 67N (utility helicopter repairer). 

3.  His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to:

* Company C, 82nd Combat Aviation Battalion, 82nd Airborne Division from 29 July 1980 to 30 August 1981
* 196th Aviation Company from 1 September 1981 to 18 January 1982 

4.  Separation orders, dated 23 November 1981, show he was to be released from active duty (REFRAD) on 18 January 1982.  These orders show his unit of assignment was the 196th Aviation Company.

5.  His DD Form 214 shows he was REFRAD on 18 January 1982 and his last duty assignment and major command was the 196th Aviation Company, Forces Command. 

6.  He provides documentation which shows he was assigned to Company C, 82nd Combat Aviation Battalion, 82nd Airborne Division.

7.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for granting the requested 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)                                         AR20130010568





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ABCMR Record of Proceedings (cont)                                         AR20130010568



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