IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100019108
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 service number and amount of foreign service be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 24 April 1961.
2. The applicant states, in effect, his service number on his DD Form 214 should be shown as RA *****737 instead of RA *****736. He states he served
45 months overseas. He also states "a Good Conduct Medal, I don't believe it." However, he did not state there was any error concerning the Army Good Conduct Medal. Therefore, this issue will not be discussed further in these Proceedings.
3. The applicant provides a copy of his DD Form 214 effective 24 April 1961.
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 Regular Army on 29 July 1952 for a period of
3 years. He reenlisted on 19 November 1954 and on 18 October 1957.
3. Item 2 (Service Number) on his DD Forms 4 (Enlistment Record - Armed Forces of the United States), dated 29 July 1952, 19 November 1954, and
18 October 1957, shows RA *****737.
4. The applicant was issued a DD Form 214 for the period 29 July 1952 to
17 October 1957. Item 2 (Service Number) shows RA *****737. Item 24c (Foreign and/or Sea Service) shows he had 3 years, 2 months, and 12 days of foreign and/or sea service during the period covered by this DD Form 214.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the:
* U.S. Support Center, Chicago, IL from 12 December 1957 to 31 October 1960
* 6th Signal Detachment in the Republic of Korea from 21 December 1960 to 21 April 1961
6. His DA Form 20 shows his service number as RA *****737.
7. On 24 April 1961, the applicant was honorably discharged. Item 2 of his
DD Form 214 shows his service number as RA *****736. Item 24c shows his foreign and/or sea service as 0 0 3 (0 years, 0 months, and 3 days).
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 would be entered in Item 24c.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his service number and the amount of foreign service on his DD Form 214 with an effective date of 24 April 1961 are in error.
2. All of the applicant's enlistment records and a previously-issued DD Form 214 show his service number as RA *****737. He is identified throughout his service records with this service number. Therefore, it is clear the service number that is shown on his DD Form 214 with an effective date of 24 April 1961 is an error and it would be appropriate to change the entry in item 2 to show his service number as RA *****737.
3. Only the foreign service performed during the period covered by the DD Form 214 is entered in item 24c on the DD Form 214. Foreign service performed prior to 18 October 1957 is reflected on his DD Form 214 with an effective date of
17 October 1957. The applicant served 4 months and 1 day in Korea during the period covered by his DD Form 214 with an effective date of 24 April 1961. Therefore, the entry in item 24c should show 0 4 1 (0 years, 4 months, and
1 day).
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 2 of his DD Form 214 with an effective date of
24 April 1961 and adding RA *****737; and
b. deleting the entry in item 24c and adding " 0 4 1" (4 months and 1 day).
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to foreign service in excess of
4 months and 1 day.
_______ _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) AR20100019108
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ABCMR Record of Proceedings (cont) AR20100019108
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