IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100013430
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 (Report of Separation from the Armed Forces of the United States) to show his overseas service in Korea in item 24 [sic item 26] (Foreign and/or Sea Service).
2. The applicant states he was in Korea from July 1953 to November 1954 and he was awarded the Korean Service Medal. Therefore, his DD Form 214 should show his foreign service.
3. The applicant provides his DD Form 214, a Commonwealth of Kentucky Department of Military Affairs Veterans Division Service Verification Data Request, and two pages of medical-related documents.
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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. The following information was derived from documents furnished by the applicant.
3. His military records show he was inducted into the Army of the United States on 18 February 1953. He was awarded military occupational specialty 1931 (truckmaster) and was promoted to the rank of private first class.
4. He was honorably released from active duty on 7 December 1954 and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation. He completed 1 year, 9 months, and 20 days of net active service. Item 26 of this form does not show any credit for foreign service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the Republic of Korea Presidential Unit Citation, National Defense Service Medal, United Nations Service Medal, Korean Service Medal, and the Army Good Conduct Medal.
6. A Commonwealth of Kentucky Department of Military Affairs Veterans Division Service Verification Data Request provided by the applicant shows he served on active duty during the period 18 February 1953 to 7 December 1954 and that he served outside the continental U.S. during the period 22 July 1953 to 27 November 1954. It further shows his total foreign service equaled 1 year,
4 months, and 6 days.
7. Army Regulation 635-5 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. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The Verification Data Request form provided by the applicant is not a Department of the Army approved form and cannot be accepted as verification of his overseas service.
2. While evidence he provided shows he served in Korea, entries in item 26 of his DD Form 214 require exact dates. As such, since the exact dates cannot be verified, it would not be appropriate to correct this item on his DD Form 214 to show his overseas service time.
3. In view of the foregoing, there is an insufficient 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) AR20100013430
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ABCMR Record of Proceedings (cont) AR20100013430
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