RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20070002265


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 separation document (DD
Form 214) be corrected by documenting his foreign service in Korea.

2.  The applicant states, in effect, there is no record of his wartime
service in Korea noted on his DD Form 214.

3.  The applicant provides his DD Form 214 and Enlisted Qualification
Record (DA Form 20) 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 record shows that he was inducted into the Army and
entered active duty on 3 August 1964.  He was trained in and awarded
military occupational specialty (MOS) 95B (Military Policeman), and
specialist four is the highest rank he attained while serving on active
duty.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served
in Korea from 9 December 1964 through 17 December 1965.  Item 38 (Record of
Assignments) shows that during his tour in Korea, he was assigned to the
7th Military Police (MP) Company and performed duties as a military
policeman.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that during his active duty tenure, he earned the Expert Marksmanship
Qualification Badge with Carbine Bar, Sharpshooter Marksmanship
Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification
Badge with Pistol Bar.

5.  On 2 August 1966, the applicant was honorably separated after
completing
2 years of active military service.  Item 24c (Foreign and/or Sea Service)
contains an entry confirming he completed 1 year and 8 days of overseas
service.

6.  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.  The version of the regulation in effect at the time of the
applicant's separation stated that the entry in Item 24c would be the total
active duty outside the United States for the period covered by the DD Form
214.  There were no provisions for identifying the specific country of
service on the separation document at that time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his Korea service should be documented
on his DD Form 214 was carefully considered.  However, the regulation in
effect at the time did not provide provisions for identifying the country
of service on the
DD Form 214.  Overseas service was documented with an entry containing the
total period served outside the United States in Item 24c.  Therefore,
there is insufficient evidence to support granting the requested relief.

2.  The applicant is advised that although there is an insufficient
evidentiary basis to support amendment of his DD Form 214, his service in
Korea is well documented in his military record, in the form of DA Form 20
entries in Item 31 and Item 38.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__BPI ___  __TMR  _  __GJP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____  Bernard P. Ingold____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002265                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1966/08/12                              |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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