IN THE CASE OF:
BOARD DATE: 24 SEPTEMBER 2008
DOCKET NUMBER: AR20080006414
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, that his departure date from Korea be corrected in his military records.
2. The applicant essentially states that the date he departed Korea is incorrect on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also states, in effect, that the date he was transferred from Korea is important to him because he is suffering from Type II diabetes and applied for compensation benefits, but was denied because of the incorrect departure date from Korea shown on his DD Form 214.
3. The applicant provides his DD Form 214 and the results of a 4 March 1968 urinalysis test in support of this 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 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 military records show that he enlisted in the Regular Army on 16 August 1966. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 51B (Carpenter), and was subsequently awarded MOS 11B (Light Weapons Infantryman). He departed for Korea on 11 January 1967, and served with Company C, 2nd Battalion, 32nd Infantry Regiment during his service in Korea. After serving in Korea, he served in Germany from 20 April 1968 to 30 July 1969. On 31 July 1969, he was honorably released from active duty.
3. Item 30 (Remarks) of the applicant's DD Form 214 essentially shows that he served in Korea from 11 January 1967 to 8 February 1968, as does item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record). However, the applicant provided the results of a urinalysis test, dated 4 March 1968, which essentially shows that this test was performed at the 2nd Battalion, 32nd Infantry Aid Station in Korea on that date. Additionally, item 38 (Record of Assignments) of the applicant's DA Form 20 clearly shows that he departed Korea on 7 March 1968. Further, while orders, dated 30 January 1968, initially directed the applicant's reassignment from Korea in February 1968, these orders were amended on 6 February 1968, and the applicant was essentially directed to be reassigned from Korea in March 1968.
4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his departure date from Korea should be corrected in his military records.
2. The applicant's military records clearly have conflicting information in regards to his departure date from Korea. The fact that item 30 of his DD Form 214 and item 31 of his DA Form 20 showed that he returned from Korea on 8 February 1968 was noted. However, the preponderance of the evidence shows that the entry in item 31 of his DA Form 20, which shows that he departed Korea in February 1968, is in error, and that this error was propagated when the incorrect information was transferred onto his DD Form 214.
3. The evidence of record clearly shows that orders amended the applicant's reassignment from Korea from February 1968 to March 1968, and he provided evidence which established that he was seen by his battalion aid station on
4 March 1968. Additionally, item 38 of his DA Form 20 clearly shows that he departed Korea on 7 March 1968. As a result, it would be appropriate at this time to correct the applicant's military records to show that he served in Korea from 11 January 1967 to 7 March 1968.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 correcting item 30 of his DD Form 214 to show that he served in Korea from
11 January 1967 to 7 March 1968.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his honorable service in arms.
___ XXX ___
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.
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