RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 October 2007
      DOCKET NUMBER:  AR20070004984


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 the records of her deceased
husband, a former service member (FSM), be corrected to show his overseas
service in Japan and Korea.

2.  The applicant states, in effect, that she would like the FSM's 19
months of service in Japan in 1956 and his 118 days of service in Korea in
1958 documented on his record.

3.  The applicant provides the following documents in support of the
application: Ladies Auxiliary of Veterans of Foreign Wars Letter; Third-
Party Letter; Photographs; and FSM’s Death Certificate.

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 records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center (NPRC) 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.  This case is
being considered using reconstructed records that consists primarily of the
FSM's separation document (DD Form 214), the NPRC file on the FSM, and
documents provided by the applicant.




3.  The FSM's DD Form 214 shows that he enlisted in the Regular Army and
entered active duty on 6 January 1956.  He was awarded and served in
military occupational specialty (MOS) 674.30 (Tandem Rotor Helicopter
Mechanic) and he held the rank of specialist five (SP5) on the date of his
separation.

4.  Item 24a(3) of the FSM's DD Form 214 shows he completed a total of
2 years, 10 months, and 24 days of active military service.  Item 24c
(Foreign and/or Sea Service) shows that he served overseas for 2 years
and 17 days during the period covered by the separation document
(6 January 1956-28 November 1958).

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows that
during his active duty tenure, he earned the Army Good Conduct Medal and
the Expert Marksmanship Qualification Badge with Carbine Bar.

6.  The FSM's separation document shows he was honorably released from
active duty, in the rank of specialist five, on 28 November 1958.

7.  The NPRC file on the FSM is void of any information regarding the FSM's
overseas service or where he served those tours.

8.  The applicant provides a third-party letter from an individual who
claims to have joined the Army with the FSM at Fairbanks, Alaska.  He also
states that after completing their schooling as helicopter mechanics at
Fort Rucker, Alabama and Fort Riley, Kansas, they both left Fort Lewis,
Washington in October 1956, and served in Japan and in Korea for almost
four months.  He states the FSM was assigned to the 150th Helicopter
Company and he was in the 6th Helicopter Company and both these units
shared a barracks.  He states that in Korea, they were in different Quanset
Huts; however, they came home together on the same ship.  He states he and
the FSM were together during their entire Army service.

9.  The applicant also provides a chronological listing of the FSM's
assignments and photographs of the FSM while he was serving in Korea.

10.  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
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
contained instructions for completing Item 24c and stated that the total
active duty service outside the continental limits of the United States for
the period covered by the DD Form 214 would be entered.  There were no
provisions for entering the location of that service in Item 24c or
elsewhere on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to document the FSM's service in Japan and
Korea on his DD Form 214 was carefully considered.  However, there is an
insufficient evidentiary basis to support granting the requested relief.

2.  The regulation in effect at the time of the FSM's separation required
that the total amount of overseas service completed during the period
covered by the
DD Form 214 be entered in Item 24c.  There were no regulatory provisions
for entering the locations of that overseas service anywhere on the
separation document.  As a result, there is no error or injustice related
to the overseas service entry currently contained on the FSM's DD Form 214.


3.  Further, notwithstanding the information contained in the third-party
statement and in the documents submitted by the applicant, absent any
official orders, documents or record confirming the periods and locations
of the FSM's overseas service, there is insufficient evidence to properly
establish the exact dates and locations of the FSM's overseas service.

4.  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

___SLP  _  __JEA __  __JRS __  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.




                                  _____Shirley L. Powell ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004984                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1958/11/28                              |
|DISCHARGE AUTHORITY     |AR 635-250                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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