IN THE CASE OF:	   

		BOARD DATE:	  7 January 2016

		DOCKET NUMBER:  AR20150006070 


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) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states item 12 of his DD Form 214 should read Heavy Mortar Battery, 2d Airborne Battle Group, 505th Infantry Regiment.

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

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's complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows:

* he enlisted in the Regular Army on 8 July 1954 for a period of 3 years
* he served as a wheeled vehicle mechanic
* on 5 July 1957, he was honorably released from active duty

4.  Item 12 of his DD Form 214 shows his last duty assignment and major command as the Heavy Mortar Battery, 2d Airborne Battle Group.

5.  There is no available evidence of record showing he was assigned to the 2d Airborne Battle Group of the 505th Infantry Regiment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 12 of his DD Form 214 is incorrect.

2.  There is no available evidence and the applicant provided no evidence showing he was assigned to the 2d Airborne Battle Group of the 505th Infantry Regiment.  Many infantry regiments were comprised of battle groups during the applicant's period of service.

3.  Regrettably, there is an insufficient evidentiary basis on which to grant 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 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)                                         AR20150006070



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ABCMR Record of Proceedings (cont)                                         AR20150006070



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