IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100016121
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 (Certificate of Release or Discharge from Active Duty) to show he served in Korea for 24 months.
2. The applicant states he completed 24 months of service in Korea from December 1980 to December 1982 and his DD Form 214 only shows he served in Korea for 1 year.
3. The applicant provides the following documents:
* page 1 of his DA Form 2-1 (Personnel Qualification Record)
* his DA Form 348 (Equipment Operator's Qualification Record)
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's military record shows he enlisted in the Regular Army on 31 July 1979. He was trained in and served in military occupational specialty 36K (Tactical Wire Operations Specialist).
3. His DA Form 2-1 shows the applicant completed 12 months of service in Korea from 8 December 1980 to 9 December 1981 in item 5 (Oversea Service). Item 35 (Record of Assignments) shows that during his Korean tour of duty he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 71st Air Defense Artillery, from 13 December 1980 through 9 December 1981, at which time he departed Korea for assignment to Fort Carson, Colorado.
4. The applicant's military personnel records jacket (MPRJ) includes Headquarters, Fort Carson, and Headquarters, 4th Infantry Division (Mechanized), Permanent Orders 141-03, dated 29 July 1982, which announced his award of the Army Good Conduct Medal (AGCM).
5. On 30 July 1983, the applicant was honorably released from active duty by reason of his expiration of term of service. The DD Form 214 issued at that time shows he completed 4 years of active duty service of which 1 year was foreign service.
6. The applicant provides page 1 of his DA Form 2-1 which contains a partially legible handwritten entry in item 5 that appears to show he completed 24 months of service in Korea from 15 August 1980 to 18 September 1981. He also provides a DA Form 348 that shows he passed the Korean Traffic Control and Driver's Safety Test on 21 January 1981.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing the DD Form 214. Paragraph 2-4h states to enter the total amount of foreign service completed during the period covered by the DD Form 214. It stipulates that the information entered in item 12f will be obtained from the Personnel Qualification Record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he completed 24 months of foreign service in Korea from December 1980 to December 1982 was carefully considered.
2. The evidence of record confirms the applicant completed 12 months of service in Korea from December 1980 to December 1981 as evidenced by entries contained in items 5 and 35 of his DA Form 2-1. In addition, AGCM orders on file in his MPRJ confirm he was assigned for duty at Fort Carson, Colorado, on 29 July 1982, the date the orders were issued. Therefore, he was not assigned for duty in Korea through December 1982 as he claims. Accordingly, absent any evidence to corroborate the applicant's claim, there is an insufficient evidentiary basis upon which to grant the requested relief in this case.
3. In view of the foregoing, the applicant's request should be denied.
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 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) AR20100016121
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016121
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