IN THE CASE OF:	

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090010912 


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 that item 18f (Foreign and/or Sea Service This Period) and item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 13 November 1978 be changed to include his period of service in Korea.

2.  The applicant states his DD Form 214 does not include his service in Korea.

3.  The applicant provides a copy of a letter of appreciation, dated 25 June 1975, from Battery A, 2nd Battalion, 44th Air Defense Artillery, in support of his application.

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's military personnel records show he enlisted in the Regular Army on 16 November 1972 for a period of 6 years with 1 year, 3 months, and 17 days of prior active service that was characterized as honorable.

3.  The applicant was assigned to Battery A, 2nd Battalion, 44th Air Defense Artillery (Hercules), in the Republic of Korea from 30 June 1974 to 1 August 1975, a period of 1 year, 1 month, and 2 days.

4.  The applicant was assigned to Headquarters and Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment, in Germany from 3 February 1977 to 11 February 1978, a period of 1 year, 9 months, and 9 days.

5.  On 13 November 1978, the applicant was discharged.  He had completed 5 years, 11 months, and 28 days of active service during this period that was characterized as honorable.  He was issued a DD Form 214 for the period 16 November 1972 through 13 November 1978.

6.  Item 18f of his DD Form 214 contains an entry showing 1 year, 9 months, and 11 days (01  11  09) and item 19 contains an "X" in the "No" block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 18f and 19 of his DD Form 214 are incorrect.

2.  Item 18f of the applicant's DD Form 214 is clearly incorrect.  Based on his 1 year, 1 month, and 2 days of active service in Korea and his 1 year, 9 months, and 9 days of active service in Germany, the entry in item 18f should read "02  10  11" (2 years, 10 months, and 11 days) instead of "01  11  09."

3.  Based on his tour of duty in Korea, item 19 of his DD Form 214 should contain an "X" in the "Yes" block.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the following entries on his DD Form 214:

	a.  change item 18f to read "02  10  11" instead of "01  11  09" and

	b.  change item 19 to show an "X" in the "Yes" block instead of the "No" block.



      ___________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)                                         AR20090010912



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ABCMR Record of Proceedings (cont)                                         AR20090010912



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