IN THE CASE OF:
BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100012519
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 record be corrected to show he served in Korea.
2. The applicant states he was in Korea at Camp Casey for 13 months from 1979 to 1980.
3. The applicant did not provide any additional documentary evidence.
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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 1 June 1971. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76S (Repair Parts Specialist). He was honorably discharged on 6 March 1973 for the purpose of immediate reenlistment. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period shows he completed 1 year, 9 months, and 6 days of creditable active service.
3. His records also show he reenlisted in the RA for a period of 6 years on 7 March 1973. He was honorably discharged on 25 January 1979 for the purpose of immediate reenlistment. The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 5 years, 10 months, and 19 days of creditable active service during this period and had 1 year, 9 months, and 6 days of prior active service for a total of 7 years, 7 months, and 25 days of total active service.
4. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea with the 2nd Infantry Division from 5 May 1979 to 15 April 1980.
5. His records further show he again reenlisted in the RA for a period of 3 years on 26 January 1979. He was discharged on 8 December 1981 under Army Regulation 635-200 (Enlisted Separations) chapter 11, as a result of court-martial, other. He received a bad conduct characterization of service.
6. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued for this period shows he was credited with 2 years, 3 months, and 18 days of creditable service during this period and had 7 years, 7 months, and 25 days of prior active service. Item 12f (Foreign Service) of this form shows he completed 11 months and 16 days of foreign service.
7. Army Regulation 635-5 (Separation Documents) in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his record be corrected to show he served in Korea was carefully considered.
2. His records reflect he served in Korea with the 2nd Infantry Division for just over 11 months from 1979 to 1980. Army Regulation 635-5 states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f. The DD Form 214 he was issued for the period covering from 26 January 1979 to 8 December 1981, shows in item 12f he completed 11 months and 16 days of foreign service during that period. Therefore, he is not entitled to correction of his military records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
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ABCMR Record of Proceedings (cont) AR20100012519
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