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ARMY | BCMR | CY2005 | 20050012024C070206
Original file (20050012024C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20050012024


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his service in
Korea.

2.  The applicant states he served in Korea, but his DD Form 214 does not
indicate this.

3.  The applicant provides copies of special orders issued by Headquarters,
51st Signal Battalion, APO (Army Post Office) 358 showing that he served in
Korea.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 January 1958.  The application submitted in this case is
dated 3 August 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.  The applicant enlisted in the Regular Army for 3 years on 11 January
1955.  He was trained in military occupational specialty (MOS) 721.10
(Communication Center Specialist).  During the 16-month period in 1956-
1957, he served with the 51st Signal Battalion which was headquartered at
Camp Red Cloud, Uijeongbu, Republic of Korea (ROK).

5.  The applicant was separated with an honorable character of service on
10 January 1958.  His DD Form 214, in Item 24c (Foreign and/or Sea
Service), shows 1 year, 3 months, and 26 days, but does not indicate the
major command in which the applicant served.

6.  In 1957, the U.S. Army, Pacific (USARPAC) was established as a major
command (MACOM) at Fort Shafter, Hawaii following inactivation of FECOM
(Far East Command).  USARPAC was the MACOM with responsibility for Army
forces in the ROK.

7.  Army Regulation (AR) 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 establishes standardized policy for preparing and distributing the DD
Form 214.  The regulation in effect at the time specified that Item 24c of
the DD Form 214 would indicate the MACOM in which the foreign service
occurred, for example USAREUR (US Army Europe).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 11 January 1955 to 10 January
1958.  He served overseas in the ROK with the 51st Signal Battalion.  This
service was in USARPAC.

2.  AR 635-5 prescribed that foreign service, Item 24c on DD Form 214,
would indicate the MACOM in which the service was performed.

3.  The applicant's DD Form 214 should be corrected in Item 24c to show his
foreign service was in USARPAC (ROK).

BOARD VOTE:

__jea___  __bpi___  __mjf___  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 that his foreign service in
Item 24c of his DD Form 214 was in USARPAC (ROK).



                                  James E. Anderholm
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012024                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |110.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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