BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090004755 


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 item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Korea.

2.  The applicant states that he served in Korea and he is unsure why his foreign service is not listed on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214, dated 10 December 1973; copies of a U.S. Forces Korea (USFK) Form 46 (U.S. Forces Korea Controlled Item Purchase Record); and copies of his Leave and Earnings Statements (LESs) for the periods January, February, June, July, October, and November 1972, 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.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 23 November 1970 and held military occupational specialty (MOS) 76Y (Supply Specialist).  

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the U.S. Army Pacific Command (USARPAC)-Korea; however, his dates of service are not indicated.

4.  The applicant's record contains two DA Forms 2627 (Record of Proceedings Under Article 15 of the Uniform Code of Military Justice), dated 28 March 1972 and 29 November 1972, that show nonjudicial punishment was imposed against him on two separate occasions while he was serving in Korea.

5.  On 4 December 1973, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  The applicant’s DD Form 214, item 22c (Foreign and/or Sea Service) shows the entry "None" and item 30 (Remarks) shows the entry "Korea NO.”  

6.  The applicant submitted copies of his LES that show he received hostile fire pay (HFP) from 1 January 1972 to 30 November 1972.  

7.  HFP/Imminent Danger Pay (IDP) is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was:  subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  

8.  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 their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 22c of the version in effect at the time, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g. Foreign and/or Seas Service USAREUR or USARV).  Additionally, item 30 is used for entries too long for their respective items as well as required entries.  In the version in effect at the time, item 30 indicates Indochina and Korea service after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina or Korea.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in Korea.

2.  The evidence of record shows the applicant received nonjudicial punishment for certain infractions that occurred in Korea on various dates between March 1972 to November 1972.  Additionally, the applicant received HFP from 1 January 1972 to 30 November 1972.  Although he received HFP for service in Korea, the exact dates of his arrival in and departure cannot be determined since HFP is paid for the whole month regardless of the date the Soldier arrives in the HFP designated area.  

3.  Nevertheless, proof of the applicant’s having received nonjudicial punishment as well as HFP for a period of foreign service in Korea is sufficient evidence to show he served in Korea and he is entitled to correction of his DD Form 214 to show this service.

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 deleting the entry "Korea: No" from item 30 of his DD Form 214 and adding the entry "Korea: Yes." 




      _______ _   __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)                                         AR20090004755



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ABCMR Record of Proceedings (cont)                                         AR20090004755



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