IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100006933
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) to show the following:
* he served in the demilitarized zone (DMZ) in Korea
* he received combat pay
2. The applicant states these items are not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and page 2 of his DA Form 20 (Enlisted Qualification Record) 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 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 enlisted in the Regular Army on 15 August 1967.
3. Item 31 (Foreign Service) of his DA Form 20 shows he served with the U.S. Army Pacific (USARPAC) in Korea from 14 January 1968 to 15 January 1969.
4. The applicant was released from active duty on 27 August 1970.
5. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year and 2 days of foreign service with USARPAC.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version in effect at the time directed that total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 22c. This regulation does not authorize the listing of service on the DMZ or receipt of combat pay on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 does not show he served in the DMZ in Korea or that he received combat pay are acknowledged. However, the evidence of record does not confirm an error or injustice exists in this case.
2. Based on Army Regulation 635-5, total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 is entered in item 22c. Therefore, his DD Form 214 properly reflects he completed 1 year and 2 days of foreign service with USARPAC in Korea.
3. There is no regulatory guidance which authorizes service on the DMZ or receipt of combat pay to be recorded on the DD Form 214. Therefore, there is no basis for granting the applicant's request.
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) AR20100006933
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100006933
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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