BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20150017744 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20150017744 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * deleting the current entry in item 12 (Last Duty Assignment and Major Command) * adding to item 12 the entry "MACV Advisory Team #85 USARPAC" ______________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. BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20150017744 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last duty assignment as Military Assistance Command-Vietnam (MACV) Advisory Team Number (#) 85. 2. The applicant states an Army official mistyped the unit name on his DD Form 214 at the time of his discharge. 3. The applicant provides no additional documents. 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. On 18 January 1966 the applicant enlisted in the Regular Army. On 13 June 1968 he departed Europe for duty in the Republic of Vietnam (RVN). 3. Item 38 (Record of Assignments) of his DA Form 20 shows the applicant was assigned to the Administrative and Direct Support Logistical (A&DSL) Team #85, Corps Tactical Zone (CTZ) IV, MACV, United States Army Pacific (USARPAC). His official military personnel file (OMPF) contains the following orders that show his unit of assignment as Advisory Team #85, USMACV: a. Headquarters, USMACV, Permanent Order Number 3403, dated 21 June 1969; b. Headquarters, USMACV, Special Order Number 216, dated 4 August 1969; and c. Headquarters, U.S. Army Personnel Center, Oakland, California, Special Orders 234, dated 22 August 1969, directing his release from active duty (REFRAD). 4. On 22 August 1969 the applicant was REFRAD and transferred to the United States Army Reserve Control Group (Annual Training). His DD Form 214 indicates in item 12 (Last Duty Assignment and Major Command) that his last duty assignment and major command was with MACV Team 86, USARPAC. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provided a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. It further required that the Soldier’s last duty assignment be shown in Item 12 (Last Duty Assignment and Major Command). DISCUSSION: A review of the applicant’s military record confirms he was assigned to MACV Advisory Team #85, USARPAC. There is no evidence showing he was assigned to Team #86, as indicated on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017744 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017744 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2