IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100014919 


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, in effect, item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 February 1968 be corrected to show his foreign service during World War II (WWII), Korea, and Vietnam.  He also requests correction of this form to show he served in the Army Air Corps. 

2.  He states, in effect, his foreign service is not properly annotated on his 
DD Form 214.  He served during WWII in the Army Air Corps from 5 April 1943 to 
20 December 1945.  He served in the Korean War and in the Republic of Vietnam during the period 21 July 1951 through 29 February 1968.  He also contends he received an Army commission which is not properly reflected on his DD Form 214.   

3.  He did not provide any documentation in support of his request.  

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.  His record contains a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) that shows he enlisted in the Army Air Corps on 7 December 1942 and entered active duty on 5 April 1943.  He served in the Asiatic-Pacific Theater from 23 March 1945 until he arrived back in the United States on approximately 24 November 1945.  He was honorably separated on
20 December 1945 after completing a total of 2 years and 7 days of active service.  He completed 8 months and 9 days of foreign service during this period.  He was assigned to the 1596th Auxiliary Air Force (AAF) Base Unit when he was separated in the rank of private first class.

3.  His record contains a DD Form 4 (Enlistment Record – United States Army) which shows he enlisted in the Regular Army on 27 October 1950 for a period of 
3 years.  

4.  His records also contain a DD Form 214 for the period ending 20 July 1951, which shows in item 8 (Reason and Authority for Separation) he was discharged to accept an appointment as a commissioned officer.  He served 8 months and 24 days of active service during the period covered by this DD Form 214.  This service combined with 3 years, 7 months, and 10 days of prior active service equals 4 years, 4 months, and 4 days of total service for pay purposes.  He did not have any foreign service during the period covered by this DD Form 214. 

5.  A WD AGO Form 71 (Oath of Office) shows he was appointed a second lieutenant in the Army of the United States and entered active duty on 21 July 1951.  

6.  His records also contain a DA Form 66 (Officer Qualification Record) which shows the following entries in item 17 (Foreign Service):

* From 16 March to 24 November 1945 – Asiatic-Pacific Theater
* From 8 February 1952 to 11 October 1954 – United States Forces in Austria (USFA)
* From 14 January 1957 to 1 May 1958 – U.S. Army Pacific Command (USARPAC) (No Tour Completion (NTC))
* From 16 June 1959 to 28 March 1963 – U.S. Army Europe (USAREUR)
* From 31 March 1965 to 18 June 1966 – USAREUR (NTC)
* From 9 November 1966 to 30 October 1967 – USARPAC (Vietnam)
* From 16 November 1967 to 9 February 1968 – USAREUR 
7.  On 29 February 1968, he was honorably separated for the purpose of voluntary retirement in the rank and pay grade of major (MAJ)/O-4.  Item 17 (Current Active Service Other than by Induction) of his DD Form 214 indicates he was commissioned.  Item 22b (Total Active Service) shows the entry “20 Years -00 Months - 09 Days.”  Item 22c (Foreign Service) shows the entry “10 Years – 02 Months – 29 Days.”  Item 30 does not contain any foreign service entries. 

8.  Army Regulation 635-5 (Separation Documents) 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 service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

9.  Army Regulation 635-5, the version effective 23 January 1967, 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 overseas theater in which the service was performed would be entered in item 22c.  This version of the regulation did not make any provision for the identification of service in Vietnam in Remarks until change number 11 effective 27 January 1970.  The guidance then was to enter the inclusive dates of service in Vietnam during the current period.

DISCUSSION AND CONCLUSIONS:

1.  His request to amend item 30 of his DD Form 214 for the period ending 
29 February 1968 to reflect his foreign service during World War II (WWII), Korea, and Vietnam was carefully considered.  

2.  The available evidence shows his service records contain a copy of a properly annotated WD AGO Form 53-55 which reflects his foreign service during WWII.  Therefore, there is no basis to add this entry to item 30 of his DD Form 214 for the period ending 29 February 1968. 

3.  Army Regulation 635-5 in effect at the time of his separation did not make any provision for the identification of service in Vietnam in item 30 of the DD Form 214. 

4.  His DD Form 214 for the period ending 20 July 1951 shows he was discharged for the purpose of accepting an appointment as a commissioned officer.  His DD Form 214 for the period ending 29 February 1968 shows he was honorably retired in the rank and pay grade of MAJ/O4 and that he entered active duty as a result of a commission.

5.  Item 22c of his February 1968 DD Form 214 properly credits him with             10 years, 2 months, and 29 days of foreign service completed during the period covered by this form.  Therefore, there is no basis to add WWII, Korea and Vietnam to item 30 of his DD Form 214 for the period ending 29 February 1968.  In addition, there is insufficient evidence to show he served in Korea.

6.  A copy of his WD AGO Form 53-55 along with his DD Forms 214 for the periods ending 20 July 1951 and 29 February 1968 will be provided to him.

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)                                         AR20100014919



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ABCMR Record of Proceedings (cont)                                         AR20100014919



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