RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2008 DOCKET NUMBER: AR20070018215 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. Ms. Catherine C. Mitrano Director Ms. Joyce A. Wright Analyst The following members, a quorum, were present: Ms. Shirley L. Powell Chairperson Ms. Yolanda Maldonado Member Mr. Edward E. Montgomery Member 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, in effect, that item 12 (Last Duty Assignment and Major Command), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected. 2. The applicant states, in effect, that item 12, of his DD Form 214, shows he was attached to Troop D, 2nd Signal Battalion, 1st Cavalry Infantry; however, he was attached to D Troop, 2nd Squadron, 1st Cavalry Regiment, 4th Infantry Division. He states that 2nd Signal Battalion would have no need for an 11E20 MOS (military occupational specialty). 3. The applicant provides a copy of his DD Form 214 and a copy of Special Orders Number 188, dated 20 July 1970, in support of his request. 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 record shows he enlisted in the Regular Army on 21 December 1967. He successfully completed basic combat training and advanced individual training at Fort Bliss, Texas. On completion of his training he was awarded the military occupational specialty (MOS) 11E (Armor Crewman). 3. The applicant served in Vietnam from 16 July 1968 to 21 September 1970. He was promoted to pay grade E-4 on 15 October 1969. He served until he was honorably released from active duty on 21 September 1970.  4. Item 12, of his DD Form 214, shows the entry "D Trp (Troop) 2d Sg Bn (Signal Battalion) 1st Cav Inf (Cavalry Infantry)." 5. Item 38 (Record of Assignments), of the applicant's DA Form 20 (Enlisted Qualification Record), shows he was assigned to D Troop, 2nd Squadron, 1st Cavalry Regiment. 6. The applicant’s record contains several source documents which show he was assigned to Troop D, 2nd Squadron, 1st Cavalry Regiment, which was a subordinate unit of the 4th Infantry Division. 7. Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It provided, in pertinent part, that the Soldier’s last duty assignment and major command would be entered in item 12 of the DD Form 214. DISCUSSION AND CONCLUSIONS: The evidence shows that the applicant’s last unit of assignment was Troop D, 2nd Squadron, 1st Cavalry Regiment, instead of Troop D, 2nd Signal Battalion, 1st Cavalry Infantry. The applicant's unit was a subordinate unit of the 4th Infantry Division. Therefore, he is entitled to correction of item 12, of his DD Form 214 to show the entry "D Trp 2nd Sqdn 1st Cav Regt 4th Inf Div." BOARD VOTE: ___EM___ __YM___ ___SP___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry "D Trp 2d Sqdn 1st Cav Regt 4th Inf Div," in item 12 of his DD Form 214. ______________________ CHAIRPERSON INDEX CASE ID AR20070018215 SUFFIX RECON YYYYMMDD DATE BOARDED 20080325 TYPE OF DISCHARGE HD DATE OF DISCHARGE 19700921 DISCHARGE AUTHORITY AR 635-200 DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 100 2. 3. 4. 5. 6.