RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 October 2005
      DOCKET NUMBER:  AR20050003124


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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, in effect, that his 18 December 1957 separation
document (DD Form 214) be corrected to show he completed overseas tours in
Iceland and Korea.

2.  The applicant states, in effect, he completed an overseas tour in
Iceland between March 1952 and March 1953; and a tour in Korea from
September /October 1956 and December 1957.  However, his DD Form 214 shows
only one tour.

3.  The applicant entered the statement “orders on both overseas tours” in
Item 9 (In Support of This Application, I Submit as Evidence the Following
Attached Documents).  However, these orders were not included with the
application that was received for Board review.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 18 December 1957.  The application submitted in this case
is dated 26 February 2005.

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 limitations 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’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.
4.  This case is being considered using reconstructed records that
primarily consist of separation documents (DD Forms 214) issued on
15 January 1951 and 18 December 1957.

5.  The applicant’s 15 January 1951 separation document shows he entered
active duty, while a member of the Army National Guard, on 1 September
1950.  He continuously served until being honorably separated on 15 January
1952, for the purpose of enlistment in the Regular Army.  It further shows
that during this period of active duty service, he had no overseas service.


6.  The evidence also includes a second DD Form 214 that shows the
applicant entered that period of active duty service on 16 January 1952,
and that he completed 5 years, 11 months and 3 days of active military
service before being honorably separated on 18 December 1957, after
completing 5 years, 11 months and 3 days of active military service during
that enlistment.

7.  The 18 December 1957 separation document also indicates, in Item 24c
(Foreign and/or Sea Service), that he completed 1 year, 3 months and 6 days
of overseas service during the period of service documented on the DD Form
214.  The applicant authenticated this document with his signature in Item
34 (Signature of Person Being Transferred or Discharged).

8.  There are no orders or other documents on file in the applicant’s
reconstructed record that confirm the periods of his overseas service.
Further, the orders alluded to by the applicant in his application to the
Board were not in the reconstructed record and were not included with his
application.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

10.  The version of the separation documents regulation in effect at the
time of the applicant’s separation contained instructions for completing DD
Form 214 in Appendix III.  The instructions for completing Item 24c for
enlisted personnel stated that the total period of active duty service
outside the continental limits of the United States for the period covered
by the DD Form 214 would be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his 18 December 1957 discharge document
did not include all his overseas service was carefully considered.
However, the regulation in effect at the time of the applicant’s discharge
stipulated that the total period of active duty service outside the
continental limits of the United States for the period covered by the DD
Form 214 would be entered in Item 24c.

2.  The evidence in this case includes the DD Form 214 issued to the
applicant for his period of active duty service from 16 January 1952
through 18 December 1957.  Item 24c of this document shows he completed 1
year, 3 months and
6 days of overseas service.  The applicant authenticated this document with
his signature on the date it was issued.

3.  In effect, the applicant’s signature on the 18 December 1957 DD Form
214 was his verification that the information contained on the separation
document, to include the Item 24c entry, was correct at the time the DD
Form 214 was prepared and issued.  Absent any documentary evidence to
verify additional overseas service, there is an insufficient evidentiary
basis to support granting the requested relief at this late date.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 December 1957, the date of his
discharge.  Therefore, the time for him to file request for correction of
any error or injustice expired on 17 December 1960.  However, he failed to
file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MHM_  __ALB __  ___LDS_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Melvin H. Meyer____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003124                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1957/12/18                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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