IN THE CASE OF: BOARD DATE: 29 July 2010 DOCKET NUMBER: AR20100007205 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, in effect, correction to Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge). 2. The applicant states, in effect, Item 12 of his DD Form 214 should show the 125th Light Infantry Brigade. 3. The applicant provides copies of his DD Form 214 and DD Form 215 (Correction to 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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 20 December 1965, for 2 years. He completed training and was awarded military occupational specialty 13A (Cannoneer). He served in Vietnam from 6 July 1966 through 5 July 1967. On his return from Vietnam he was assigned to Service Battery, 7th Battalion, 18th Artillery, 197th Infantry Brigade, Fort Benning, Georgia, on 11 August 1967. 3. The applicant was honorably released from active duty, in pay grade E-4, on 11 December 1967, at the expiration of his term of service, and transferred to the United States Army Reserve Control Group (Annual Training). Item 12 of his DD Form 214 shows his last duty assignment and major command was Service Battery, 7th Battalion, 18th Artillery, 197th Infantry Brigade. 4. Army Regulation 635-5 (Separation Documents) governed the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The edition of Army Regulation 635-5 in effect on the date of the applicant's separation specified an individual’s current unit of assignment and the title of the major command or agency having jurisdiction over that organization would be listed in Item 12. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was assigned to Service Battery, 7th Battalion, 18th Artillery, 197th Infantry Brigade, at the time of his honorable release from active duty on 11 December 1967. This unit of assignment is properly entered in Item 12 of his DD Form 214. There is no evidence in the available record and none was provided by him to show his last duty assignment was the 125th Light Infantry Brigade at the time of his release from active duty. Based on the foregoing and in accordance with regulatory guidance there appears to be no basis for correction of Item 12. 2. In view of the foregoing, there is no basis for granting the applicant's request. 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) AR20100007205 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100007205 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1