ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  2 July 2019

	DOCKET NUMBER:  AR20170003038


APPLICANT REQUESTS:  

Correction of item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 13 February 1969, to show his last unit of assignment as Company Alpha (A), 9th Aviation Battalion, United States Army Pacific (USARPAC) instead of Company Alpha (A), 4th Aviation Battalion United States Army Pacific (USARPAC).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record).

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his DD Form 214 is incorrect as he was only assigned to Company A, 9th Aviation Battalion United States Army Pacific (USARPAC) while in the service.  He would like it changed for history and for his family. 

3.  The applicant’s available record shows he enlisted in the Regular Army on 13 July 1966.  

4.  Special Orders Number 31, dated 31 January 1969 promoted the applicant to Specialist Five and shows his unit as Company A, 9th AVN BN USARPAC. 

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to CO A, 9th AVN BN, under the USARPAC command on or around 16 June 1968 through on or around13 February 1969.

6.  The applicant was honorably released from active duty on 13 February 1969.  He completed 2 years, 7 months and 1 day of total active service.  He was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Vietnam Unit Citation
* Air Medal

7.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, states for item 12 to enter the individual's last duty assignment and major command.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  He requests to have his separation document showing he was assigned to the 9th AVN BN instead of the 4th AVN BN.  His record clearly shows he was assigned to the 9th AVN BN prior to separation.  Based upon the preponderance of evidence, the Board agreed there is sufficient evidence to grant relief. 

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 38 on his DD Form 214 for the period ending 13 February 1969 to show he was assigned to 
Company Alpha, 9th Aviation Battalion, United States Army Pacific (USARPAC).

		 
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.



REFERENCES:

1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides guidelines for the preparation of the DD Form 214 and states that all available records will be used for the preparation of this form.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation provides a brief description of each entry made on the form.  Item 12 (Last Duty Assignment and Major Command) states to enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170003038


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