IN THE CASE OF:	   

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110020623 


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 8a (Last Duty Assignment and Major Command) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the 2d Squadron, 183rd Cavalry Regiment, A Troop.

2.  The applicant states he did not serve with the field artillery unit listed on his DD Form 214.

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 enlisted in the Virginia Army National Guard on 22 August 2003 and was assigned to Company B, 429th Support Battalion, Richmond, VA.  He completed training and was awarded military occupational specialty 91A (Medical Equipment Repairer).  The highest rank/ pay grade he attained while on active duty was specialist (SPC)/E-4.

3.  Orders Number 130-123, Joint Forces Headquarters Virginia, Blackstone, VA, dated 10 May 2007, show the applicant was transferred to Battery B (Forward), 1st Battalion, 111th Field Artillery, Portsmouth, VA on 10 May 2007.

4.  Orders Number 136-669, Office of the Adjutant General of Virginia, Joint Force Headquarters Virginia, Blackstone, VA, dated 16 May 2007, ordered the applicant to active duty in support of Operation Iraqi Freedom as a member of his unit, Battery B (Forward), 1st Battalion, 111th Field Artillery.

5.  On 18 May 2008, the applicant was honorably released from active duty for completion of required active service.  He completed 11 months and 11 days of active service.

6.  Orders Number 176-100, Virginia Army National Guard, Blackstone, VA, dated 24 June 2008, show the applicant was transferred from Battery B (Forward), 1st Battalion, 111th Field Artillery, Portsmouth, VA to Company C, 429th Support Battalion, effective 10 July 2008.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the unit to which he was last assigned on his DD Form 214 was carefully considered and determined to be without merit.

2.  Orders show the applicant's DD Form 214 properly reflects Battery B (Forward), 1st Battalion, 111th Field Artillery was the unit to which he was last assigned.  In the absence of military records or other corroborating evidence showing this was not his final unit of assignment prior to release from active duty there is an insufficient basis for correcting 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)                                         AR20110020623



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ABCMR Record of Proceedings (cont)                                         AR20110020623



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