IN THE CASE OF:
BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090020211
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Korea.
2. The applicant states his DD Form 214 needs to show his service in Korea so he can qualify for the Veterans of Foreign Wars (VFW).
3. The applicant provides no documentary evidence 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's record shows after serving in the United States Army Reserve (USAR) from 12 April 1957 through 29 October 1959, which included active duty service from 12 September 1958 through 29 October 1959, he enlisted in the Regular Army for 3 years on 30 October 1959.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Eighth United States Army (EUSA), Korea from 6 April 1960 through
23 April 1961 in item 29 (Foreign Service). Item 33 (Record of Assignments) shows that during his tour in Korea he was assigned to the 304th Signal Battalion.
4. The applicant's DA Form 24 (Service Record), Section 5 (Service Outside Continental United States (CONUS)), shows he departed CONUS for Korea on 6 April 1960 and arrived back in CONUS on 23 April 1961 (1 year and 18 days).
5. On 6 November 1962, the applicant was honorably released from active duty, in the grade of SP5/E-5, after completing 3 years of active duty service during the period covered by the DD Form 214 (30 October 1959-6 November 1962). Item 24c (Foreign and/or Sea Service) shows he completed 1 year and 17 days of overseas service. Item 24c does not shows where this overseas service was performed.
6. 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 for enlisted personnel enter the total period outside CONUS for the period covered by the DD Form 214 and the last overseas theater service was performed in item 24c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his service in Korea should be documented on his DD Form 214 has been carefully considered and found to have merit.
2. The regulation in effect at the time provided for entering the total period outside CONUS for the period covered by the DD Form 214 and where the last overseas theater service was performed in item 24c.
3. The evidence of record confirms the applicant departed CONUS for EUSA, Korea on 6 March 1960, and arrived back in CONUS on 23 April 1961, a total of 1 year and 18 days. As a result, it would be appropriate to amend item 24c of his DD Form 214 by deleting the current entry and replacing it with the entries "EUSA, Korea" and "0001 00 18."
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 amending item 24c of his 6 November 1962 DD Form 214 by deleting the current entry and replacing it with the entries "EUSA, Korea" and "0001 00 18" and by providing him a correction to his DD Form 214 that includes this change.
_______ _ _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.
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