IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005213 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 item 12 (Last Duty Assignment and Major Command) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to read "R & R Deros." 2. The applicant states he did not "muster out" from the 545th Military Police (MP) Company. He states it was "R & R Deros" and his DD Form 214 is incorrect. 3. The applicant provides no additional evidence. 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 2 April 1969. He completed training as a cook. He arrived in Vietnam and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 28th Infantry, 1st Infantry Division on 14 December 1969. 3. The applicant was assigned to the 545th MP Company, 1st Cavalry Division, on 4 March 1970. 4. On 6 November 1970, the applicant departed Vietnam en route to the United States. 5. On 11 November 1970, the applicant was honorably released from active duty (REFRAD) as an overseas returnee and he was transferred to the United States Army Reserve Control Group (Annual Training). 6. Item 12 on his DD Form 214 shows the 545th MP Company, United States Army Vietnam (USARV), as his last duty assignment and major command. 7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. It stated that for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, the losing unit of assignment and the title of the major command or agency having jurisdiction of the losing unit of assignment will be entered in item 12 on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. Although the applicant may have been reassigned on orders to a transfer activity, the applicable regulation states that for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, the losing unit of assignment and the title of the major command or agency having jurisdiction of the losing unit of assignment will be entered in item 12 on the DD Form 214. 3. He was assigned to the 545th MP Company (USARV) while he was in Vietnam. When he returned to the U.S. he was honorably REFRAD as an overseas returnee. His last duty assignment and major command are properly reflected in item 12 on his DD Form 214. 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) AR20150005213 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005213 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1