BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090005419
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 215 (Correction to DD Form 214) to show his service in Korea and Germany.
2. The applicant states that the DD Form 215 does not reflect his time in Germany (1951 to 1954 and 1958 to 1962) or Korea (1964 to 1965).
3. The applicant provides a copy of his DD Form 215; a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 May 1971; and a copy of his DA Form 24 (Service Record) covering the period 9 April 1957 to 8 April 1969 in support of his 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 enlisted in the Regular Army on 9 February 1951. He served in Germany from 27 July 1951 to 10 January 1954 (i.e., 2 years, 5 months, and 13 days) and was honorably discharged on 19 January 1954.
3. Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he had 2 years, 5 months, and 13 days of foreign service.
4. The applicant enlisted in the Regular Army on 5 April 1954 and was honorably discharged on 19 March 1957. He again enlisted on 9 April 1957. He served in Germany from 16 November 1958 to 2 May 1962 (i.e., 3 years, 5 months, and 17 days). On 8 April 1963, he was honorably discharged for immediate reenlistment.
5. Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 for the period ending 8 April 1963 shows he had 3 years, 5 months, and 17 days of foreign service.
6. The applicant reenlisted on 9 April 1963. He served in Korea from 1 March 1964 to 30 March 1965 (i.e., 1 year and 1 month) and in Vietnam from 1 February 1968 to 28 January 1969 (i.e., 11 months and 28 days). On 8 April 1969, he was honorably discharged for immediate reenlistment.
7. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 for the period ending 8 April 1969 shows he served 2 years and 28 days of foreign service.
8. The applicant reenlisted on 9 April 1969. On 31 May 1971, the applicant retired in the rank of sergeant first class.
9. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 27 July 1951 through 10 January 1954 and from 16 November 1958 through 2 May 1962 and in Korea from 1 March 1964 through 30 March 1965.
10. In support of his claim, the applicant provided a DD Form 215, dated 3 September 2008, which amended, among other items, item 30 of his DD Form 214 for the period ending 31 May 1971 to show he served in Vietnam from 1 February 1968 to 28 January 1969.
11. Army Regulation 635-5 (Separation Documents) governed the preparation of the DD Form 214. The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which the service was performed would be entered in item 22c. Additionally, there is no provision to show duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The DD Form 215 provided by the applicant which shows his dates of service in Vietnam was considered. It appears the entry concerning his service in Vietnam was entered as a courtesy since veterans benefits are sometimes dependent on the DD Form 214 containing information concerning service in a combat zone. However, there is no basis for granting the applicant's request to show his service in Korea and Germany on his DD Form 215. His service in Korea and Germany are properly reflected on his DA Form 20.
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) AR20090005419
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ABCMR Record of Proceedings (cont) AR20090005419
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