IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004651 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct last duty assignment. 2. The applicant states he received a letter of commendation that clearly states he was assigned to the 101st Administration Company, 101st Airborne Division, for one year. His DD Form 214 should show his last duty assignment was the 101st Administration Company, 101st Airborne Support Command. 3. The applicant provides a copy of his DD Form 214 and the letter of commendation. 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 6 March 1963 for a period of 3 years. Upon completion of training he was awarded military occupational specialty 71H (Personnel Specialist). 3. His DA Form 20 (Enlisted Qualification Record) shows, in pertinent part, in item 38 (Record of Assignments), he was assigned to: * 101st Administration Company, Fort Campbell, KY, from 17 October 1964 through 31 March 1965 * Headquarters, Headquarters Company and Band, Support Command, Fort Campbell, KY, from 1 April 1965 through 5 December 1965 4. Special Orders (SOs) issued by Headquarters, 101st Airborne Division and Fort Campbell, Fort Campbell, KY, pertaining to the applicant, show he was assigned, as follows: * SO Number 247, dated 19 October 1964 – 101st Administration Company, Support Command, effective 18 October 1964 * SO Number 80, dated 30 March 1965 – Headquarters, Headquarters Company and Band, Support Command, effective 1 April 1965 5. Headquarters, Headquarters Company and Band, 101st Airborne Support Command, 101st Airborne Division, Fort Campbell, KY, Unit Order Number 37, dated 5 August 1965, promoted the applicant to specialist four (E-4). 6. Headquarters, 101st Airborne Division and Fort Campbell, Fort Campbell, KY, SO Number 296, dated 1 December 1965, shows the applicant was assigned to Headquarters, Headquarters Company and Band, Support Command, when he was relieved from active duty on 6 December 1965 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 7. The applicant's DD Form 214 shows he was honorably released from active duty on 6 December 1965 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He had completed 2 years, 9 months, and 1 day of total active duty service. It also shows in: * item 11b (Station or Installation at Which Effected): Fort Campbell, KY * item 12 (Last Duty Assignment and Major Command): Headquarters, Headquarters Company and Band, Support Command, Third U.S. Army 8. In support of his request the applicant provides a copy of a letter of commendation, dated 20 December 1965, issued by Captain R___ R. A____, Commander, 101st Administration Company (Airborne Division), Fort Campbell, KY. He expressed his appreciation to the applicant for his performance of duty as "Chief Clerk and Operations Sergeant of Headquarters Company, 101st Airborne Support Command." He stated, in pertinent part, "[d]uring the year I have commanded this unit, I have observed in you an acute knowledge of all facets of this unit's operation." 9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. c. The instructions for item 12 show, for personnel assigned on orders to a transfer activity prior to separation, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassigning the individual to the transfer activity. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his records should be corrected to show his last duty assignment was the 101st Administration Company, 101st Airborne Support Command, 101st Airborne Division. 2. The letter of commendation the applicant provides was issued by the Commander, 101st Administration Company, about 14 days after the applicant was released from active duty. The commander noted the applicant performed duty in "Headquarters Company, 101st Airborne Support Command." This unit reference lends support to the evidence of record that shows he was assigned to Headquarters, Headquarters Company and Band, Support Command; not the 101st Administration Company. 3. The evidence of record shows the applicant's Enlisted Qualification Record, along with the SOs directing his assignments, confirm he was assigned to: * 101st Administration Company, Fort Campbell, KY, from 18 October 1964 through 31 March 1965 * Headquarters, Headquarters Company and Band, Support Command, Fort Campbell, KY, from 1 April 1965 through 5 December 1965 a. The instructions for completing the DD Form 214 state that the losing unit of assignment shown on the order reassigning the individual to the transfer activity will be entered in item 12. b. Thus, the entry in item 12 of his DD Form 214 is correct. 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) AR20150004651 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004651 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1