IN THE CASE OF:	  

		BOARD DATE:	       7 April 2009

		DOCKET NUMBER:  AR20080017953 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 May 1973, to show he served in Korea.

2.  The applicant states that the remarks section of his DD Form 214 should show his service in Korea from April 1961 to August 1962.

3.  The applicant provides a copy of his DD Form 214, dated 25 May 1973; a copy of his DD Form 3982 (National Agency Check Request); a copy of Special Order Number 72, issued by Headquarters, U.S. Army Aviation School Regiment, Fort Rucker, AL, dated 12 April 1961; and a copy of Special Orders Number 124, issued by Headquarters, 55th Transportation Battalion, Korea, dated 9 July 1962, 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 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.  With prior enlisted service in the U.S. Air Force and the U.S. Air Force Reserve, the applicant's records show he enlisted in the Regular Army on 16 November 1960.  He completed basic combat training at Fort Hood, TX, and advanced individual training at Fort Rucker, AL, and was awarded military occupational specialty (MOS) 671.40 (Aircraft Mechanic).

3.  The applicant's records further show he was reassigned to Eighth U.S. Army (EUSA) on 21 May 1961 where he served with the 45th and 49th Transportation Companies until he departed Korea on 30 July 1962.  He was reassigned to the 2nd Transportation Detachment, 2nd Infantry Division, Fort Benning, GA.

4.  The applicant's records also show that he was discharged on 27 November 1962 for the purpose of immediate reenlistment.  A copy of the DD Form 214 he was issued for this period of service is not available for review with this case.

5.  The applicant's records also show he reenlisted in the Regular Army for a period of 6 years on 28 November 1962.  He performed duties in MOS 141.60 (Light and Medium Field Artillery Crewman) at Fort Benning, GA, and Fort Sill, OK, and was honorably discharged on 30 March 1964 for the purpose of accepting a commission.  The DD Form 214 he was issued for this period of service shows he completed 1 year, 4 months, and 3 days of creditable active service during this period, none of which was foreign service.

6.  The applicant's records further show that he was appointed as a Field Artillery second lieutenant in the U.S. Army Reserve (USAR), executed an oath of office, and entered active duty on 31 March 1964.  He subsequently served in various command and staff positions as a rotary wing aviation officer and/or commander and served in the Republic of Vietnam from 23 March 1966 to 19 March 1967 and from 23 September 1968 to 16 September 1969, and in Germany from 29 June 1967 to 15 August 1968.

7.  The applicant's records also show he was honorably discharged in the rank of captain and transferred to the USAR Control Group (Reinforcement) on 25 May 1973.  The DD Form 214 he was issued shows he completed 9 years, 1 month, and 25 days of creditable active service during this period.  Additionally, item 22c (Foreign and/or Sea Service) of this form shows the entry "RVN/EUR  03  01  08" and item 30 (Remarks) shows the entries "Vietnam:  23 March 1966-19 March 1967; 23 September 1968-16 September 1969" and "Korea:  No."

8.  The applicant's records further show that he continued his honorable service and enlisted in the Regular Army on 26 May 1973.  He ultimately retired in the rank/grade of staff sergeant (SSG)/E-6 on 31 December 1976 with over 21 years of honorable service.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The version of the regulation in effect at the time states, in pertinent part, that the remarks section is used for entries authorized by Headquarters, Department of the Army, for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks.  Additionally, for Indochina or Korea service since 5 August 1964, this item will show specific dates of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, dated 25 May 1973, should show he served in Korea.

2.  The applicant's service in Korea from 21 May 1961 to 30 July 1962 is not in question.  Although the applicant's first DD Form 214 covering the period from 16 November 1960 (the date he enlisted in the Regular Army) to 27 November 1962 (the date he was discharged for the purpose of reenlistment) is not available for review with this case, it is presumed that at a minimum, it listed the number of years, months, and days he served in EUSA (the major command for Korea).  Furthermore, since his service in Korea occurred outside the period covered by this subsequent DD Form 214, dated 25 May 1973, there is no provision to list it on the DD Form 214.

3.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, there is insufficient evidence to grant him the requested relief.


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.


																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.

ABCMR Record of Proceedings (cont)                                         AR20080017953



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ABCMR Record of Proceedings (cont)                                         AR20080017953



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