IN THE CASE OF: BOARD DATE: 28 October 2021 DOCKET NUMBER: AR20210010766 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 29 July 1965 to show his last unit of assignment as Battery A, 2d Missile Battalion, 55th Artillery Regiment instead of Battery A, 3rd Missile Battalion, 5th Artillery Regiment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * A document with photographs FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 a clerical error occurred when processing his DD Form 214. 3. The applicant enlisted in the Regular Army on 30 July 1962 for a period of three years. After initial entry training, he was awarded military occupational specialty (MOS) 16C (Fire Control Crewman). 4. The applicant was honorably released from active duty on 29 July 1965. His DD Form 214 shows he completed 3 years of total active service. Item 12 of his DD Form 214 shows the entry "Btry A, 3d Msl Bn, 5th Arty, E. Windsor, Conn. (ARADCOM (Army Air Defense Command))." 5. A thorough review of his official military personnel file revealed no evidence pertaining to his service during the period in question except for his DD Form 214. 6. The applicant provides a document that shows pictures of service members with the heading labeled "Battery A, 2nd Missile Battalion (N-H [Nike-Hercules]), 55th Artillery, East Windsor, Connecticut, February 1962." BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board found the available evidence insufficient to determine if the entry in item 12 of the applicant's DD Form 214 is an error. In the absence of additional military service records confirming his last duty assignment, the Board determined there is an insufficient basis for changing the entry in item 12 of the DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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, United States 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 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. 2. Army Regulation 635-5 (Separation Documents), 13 August 1963, prescribes the separation documents that will be furnished each individual who is separated from the Army, including ACDUTRA [Active Duty for Training] personnel, and establish standardized procedures for the preparation and distribution of these documents. 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) AR20210010766 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1