BOARD DATE: 5 October 2017 DOCKET NUMBER: AR20160002000 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 Item 12 of his DD Form 214 to read "43rd USA Artillery Detachment, USAREUR." 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: 5 October 2017 DOCKET NUMBER: AR20160002000 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 ::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: 5 October 2017 DOCKET NUMBER: AR20160002000 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his last duty assignment as the 43rd U.S. Army Artillery Detachment, U.S. Army (USA) Europe (USAREUR). 2. The applicant states there is a typographical error on his DD Form 214. 3. The applicant provides a letter, dated 10 September 1964, from the 43rd USA Artillery Detachment 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 28 July 1961, the applicant was appointed a Reserve Commissioned Officer of the Army in the grade of second lieutenant. 3. The applicant's DA Form 66 (Officer Qualification Record) shows that on 16 January 1963 he was assigned to the 43rd USA Artillery Detachment, USAREUR. 4. The applicant's DA Form 67-5 (U.S. Army Officer Efficiency Report) for the period 1 December 1963 - 28 June 1964 shows his unit as the 43rd USA Artillery Detachment, USAREUR. 5. On 20 July 1964 he was enroute to the Continental United States. 6. On 31 July 1964, the applicant was released from active duty. Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 contains the entry "93d USA RTY DET USAREUR." REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provided stated that a Soldier's last assignment and major command be entered in Item 12 of his DD Form 214. DISCUSSION: The applicant's DA Form 66 and DA Form 67-5 show his last duty assignment and major command as the 43rd USA Artillery Detachment, USAREUR. The evidence shows there are errors in last duty assignment recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160002000 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002000 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2