BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100018097
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 that his DD Form 214 be corrected to reflect that he entered active duty (block 12a.) on 30 June 1971 and that he served a tour in Korea.
2. The applicant states that he entered the Army June 1971 and served for 12 years and 5 months; however, his DD Form 214 incorrectly reflects that he entered active duty on 27 July 1978 and while it reflects his two tours in Germany it does not reflect is tour in Korea.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the United States Army Reserve (USAR) in Baltimore, Maryland on 30 June 1971 for a period of 6 years under the delayed entry program (DEP).
3. He enlisted in the Regular Army on 6 July 1971 for a period of 3 years. He successfully completed his training as a petroleum storage specialist and was advanced to the pay grade of E-4 on 14 August 1973.
4. On 6 March 1974, while stationed at Fort Benning, Georgia, he was honorably discharged for the purpose of immediate reenlistment. He was issued a DD Fomr 214 for that service and he reenlisted on 7 March 1974 for a period of 6 years and assignment to Fort Lee, Virginia.
5. He served 8 months in Korea in 1975 and was reassigned to Fort Knox, Kentucky where he remained until he was transferred to Germany on 20 January 1978. On 26 July 1978 he was honorably discharged in the rank of sergeant due to immediate reenlistment and he was issued a DD Form 214 to reflect his service as of that date. Item 18 (Indochina or Korea Service since August 5, 1964) shows the "Yes" block is checked, with the dates "750421-751217."
6. He reenlisted on 27 July 1978 for a period of 6 years. He completed his tour in Germany and was transferred to Fort Ord, California. He was promoted to the pay grade of E-6 on 1 May 1981.
7. He was again transferred to Germany on 2 March 1982 and served until he was honorably discharged on 9 May 1984. His DD Form 214 issued at the time of his discharge shows that he entered active duty this period (block 12a) on 27 July 1978 and that he had served 5 years, 9 months, and 13 days of service that period. It also reflects in block 12d that he had served 7 years and 21 days of prior active service for a total of 12 years, 10 months, and 5 days of active service.
8. His DD Form 214 also shows in block 14 that he twice completed courses in German in 1978 and 1982.
9. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. Prior to 1 October 1979, that regulation provided that a DD Form 214
would be issued for each period of active duty including discharge for immediate reenlistment. However, on 1 October 1979 the regulation changed and provided that a DD Form 214 would not be issued for immediate reenlistments unless there was break of more than 24 hours. The regulation also provided that a DD Form 214 will be issued for all period not covered by a previously issued DD Form 214. Additionally, service covered by a previous DD Form 214 will not be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant was properly issued DD Forms 214 during his previous enlistments in accordance with the regulation in effect at the time. At the time of his final discharge he was properly issued a DD Form 214 to reflect his service during his current enlistment and his prior active service.
2. Inasmuch as the applicant did not serve in an imminent danger area and since he did not serve in Korea during his last enlistment, there were no provisions to enter the countries he served in on his DD Form 214.
3. Therefore, it appears that his DD Form 214 was properly prepared and he has failed to show through the evidence submitted with his application and the evidence of record that such was not the case.
4. However, his Korea service is properly reflected in item 18 of his DD Form 214 for the period ending 26 July 1978. A copy of this DD Form 214 will be provided to him.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ ___x_____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20100018097
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ABCMR Record of Proceedings (cont) AR20100018097
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