IN THE CASE OF:	   

		BOARD DATE:	        18 November 2008

		DOCKET NUMBER:  AR20080014054 


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 Item 24c (Foreign and/or Sea Service) of his 30 January 1962 separation document (DD Form 214) be corrected to show he completed a total of 4 years and 6 months of overseas service.  

2.  The applicant states, in effect, that his 30 January 1962 DD Form 214 erroneously shows he only completed a total of 1 year, 11 months and 16 days of overseas service.  He states that he served with the 58th Ordnance Company in the Republic of Korea (ROK) for 1 year and 6 months, and served with the United States Army Ammunition Depot in France for 3 years.  He further states that based on his service in the ROK and France, Item 24c of the DD Form 214 in question should be corrected to reflect a total of 4 years and 6 months of foreign service.  

3.  The applicant provides the following documents in support of his application:  Separation Documents; Discharge Certificate; Headquarters, United States Army Air Defense Center, Special Orders Number 4, dated 7 January 1959; United States Army Ordnance Depot Certificate dated 6 April 1959; Emergency Leave Memorandum, dated 19 December 1959; Letter of Appreciation; Headquarters, 13th General Dispensary Certificate, dated 23 March 1959; Personnel Action 
(DA Form 1049); 58th Ordnance Company, Orders Number 62, dated 
16 December 1957; United Sates Army Ammunition Depot Special Orders Number 41, dated 30 March 1959; and United States Army Personnel Center, Fort Dix, Special Orders Number 59, dated 28 February 1959.

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 enlisted into the Regular Army and entered active duty on 20 December 1955, and was trained in and awarded military occupational specialty (MOS) 411.10 (Ammo Storage Specialist).  It further shows he served for 3 years until 19 December 1958, at which time he was honorably discharged for the purpose of immediate reenlistment.  Item 24c of the DD Form 214 he was issued at that time shows he completed 1 year, 
3 months, and 27 days of overseas service during the period covered by the 
DD Form 214 (20 December 1955 - 19 December 1958).  

3.  On 20 December 1958, the applicant reenlisted for 6 years and remained on active duty.  His Enlisted Qualification Record (DA Form 20) shows, in Item 29 (Foreign Service), that he served in the ROK from 19 January 1957 through 
14 May 1958, and that he served in France from 28 February 1959 through 
13 February 1961.  Item 38 (Record of Assignments) shows that during his tour in the ROK, the applicant was assigned to the 58th Ordnance Company (Ammo) performing duties as an ammo storage specialist.  It also shows that during his tour in France, he was assigned to the United States Army Ammunition Depot performing duties as an ammo storage specialist.

4.  On 30 January 1962, the applicant was honorably discharged, in the rank of specialist four (SP4), after completing a total of 6 years, 1 month, and 10 days of active military service.  Item 24c of the DD Form 214 he was issued at the time shows he completed 1 year, 11 months, and 16 days of overseas service during the period covered by the DD Form 214 (20 December 1958 - 30 January 1962).


5.  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 served outside the United States during the period covered by the DD Form 214.  There were no provisions for entering all overseas service performed during all periods of active duty service either in the version of the regulation in effect at the time of the applicant’s discharge, or in the current version of the regulation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 22c of his 30 January 1962 DD Form 214 should reflect his completion of 4 years and 6 months of overseas service, 
which included his service in the ROK and his service France, was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, only overseas service completed during the period covered by the separation document is entered on the DD Form 214.  In this case, the overseas service the applicant completed in Korea between 19 January 1957 and 14 May 1958 was properly documented in Item 24c of the DD Form 214 he was issued on 19 December 1958, which covered the period during which this overseas service was performed.  

3.  Further, the overseas service he completed in France between 28 February 1959 and 13 February 1961 was properly documented in Item 24c of the DD Form 214 he was issued on 30 January 1962, which covered the period during which this overseas service was performed.  As a result, the applicant’s overseas service is properly documented in his record and on the separation documents he was issued in 1958 and in 1962.  Therefore, there is no apparent error or injustice related to the documentation of the applicant’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

____X__  ___X_____  ___X____ 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.



      __________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)                                         AR20080014054



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ABCMR Record of Proceedings (cont)                                         AR20080014054



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