IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20080003117
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), to show his dates of service in Korea and Germany.
2. The applicant states, in effect, that his DD Form 214 should show that he served in Korea and Germany.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 applicants 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 applicants 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 he enlisted in the Regular Army on 19 December 1963. He was trained as a Field Communications Crewman, in military occupational specialty (MOS), 310. He was reassigned to Korea with an estimated reporting date of 10 May 1964. He was promoted to PV2/E-2 effective 19 December 1964. He served until he was honorably discharged on 24 January 1965 for immediate reenlistment.
3. Item 24c (Foreign and/or Sea Service), of his DD Form 214, dated 24 January 1965, shows the entry "00 08 09" (8 months and 9 days).
4. The applicant reenlisted on 25 January 1965, while in Korea. He was reassigned from Korea to Germany. He arrived in Germany on 14 June 1965. He continued to serve until he was honorably released from active duty on 14 January 1968.
5. Item 22c (Foreign and/or Sea Service), of his DD Form 214, with an effective date of 14 January 1968, shows the entry "2/6/9" (2 years, 6 months, and 9 days).
6. Item 31 (Foreign Service), of his DA Form 20 (Enlisted Qualification Record), shows that the applicant served in Korea from 15 May 1964 to 17 April 1965 and in Germany from 14 June 1965 to 4 January 1968.
7. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 30 (Remarks) is used for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for other blocks. Department of the Army issued guidance to report service in Vietnam, Indochina, and Korea in item 30 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant served in Korea from 15 May 1964 to 17 April 1965 and in Germany from 14 June 1965 to 4 January 1968. Regulatory authority states that only service in Vietnam, Indochina, and Korea will be indicated in item 30. However, in the interest of fairness and equity, the Board will enter both geographical areas of his service. He is therefore entitled to correction of item 30 (Remarks), of his DD Form 214, dated 14 January 1968, to show the entry "Korea 15 May 1964 to 17 April 1965" and the entry "Germany 14 June 1965 to 4 January 1968."
BOARD VOTE:
___x____ ____x___ ____x___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry "Korea 15 May 1964 to 17 April 1965" and the entry "Germany 14 June 1965 to 4 January 1968" in item 30 (Remarks), of his DD Form 214.
__________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003117
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ABCMR Record of Proceedings (cont) AR20080003117
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