RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 January 2005
DOCKET NUMBER: AR20040000119
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. Walter T. Morrison | |Chairperson |
| |Ms. Eloise C. Prendergast | |Member |
| |Ms. Jeanette R. McCants | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Report of Transfer or
Discharge) be corrected to show that he served in Korea not in Germany.
2. The applicant states, in effect, that he wishes to be eligible to join
the Veterans of Foreign War.
3. The applicant provides copies of his 7 July 1962 DD Form 214, a 3
October 1960 Eighth Army Photography Contest Award, a 22 September 1960
newspaper article about his photography states that he was serving in
Korea, an article from the 31 August Pacific Stars and Stripes about his
winning photographs and a United Nations Command "JSA" pass card.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 7 July 1962. The application submitted in this case is dated16
April 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted on 8 July 1959 and completed training as a
photographer. Section 4 (Chronological Record of Military Service) of his
DA Form 24 (Service Record) states that he was enroute to U.S. Army, Europe
on 23 April 1960 and returned to the United States on 19 April 1961.
4. Section 5 of the DA Form 24 shows he departed Travis Air Force Base,
California on 14 April 1960, arrived in Tachikawa, Japan on 16 April, left
Tachikawa on 22 April and arrived in Kimpo, Korea the same day. He left
Inchon, Korea by ship on 21 April 1961 and arrived in San Francisco,
California on 8 May 1961.
5. Item 33 (Assignments) of his DA Form 20 (Enlisted Qualification Record
) shows he served with the 51st Signal Battalion in Korea from 28 April to
11 July 1960 and with the 7th Aviation Company, 7th Infantry Division in
Korea from 12 July 1960 until 21 April 1961. A very specific 31 April 1961
letter commended the applicant for his service with the 7th Aviation
Company in Korea.
6. His DD Form 214 shows he was separated with an honorable
characterization of service as a specialist 5 (E-5) at the expiration of
his term of service, 7 July 1962. Item 24c (Foreign 0r Sea Service) shows
he served in Europe for 1 year and 25 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant clearly served in Korea from 22 April 1950 to 21 April
1951.
2. His DD Form 214 should be corrected accordingly.
BOARD VOTE:
__wtm___ __ecp___ __jrm___ 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing in item 24c of his DD Form 214
that he served in Korea for 1year, 0 months and 0 days
_Walter T. Morrison___________
CHAIRPERSON
INDEX
|CASE ID |AR20040000119 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040113 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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