IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100024257
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 (Armed Forces of the United States Report of Transfer or Discharge) to show
* he was transferred to the 7th Infantry Division while serving in Korea
* he served on guard duty patrolling the DMZ (Demilitarized Zone)
2. The applicant states the requested corrections were accidently overlooked.
3. The applicant provides 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's records show he enlisted in the Regular Army (RA) on 28 April 1967 and held military occupational specialty 36C (Lineman). He served in Korea - U.S. Army Pacific Command (USARPAC) from on or about 19 November 1967 to on or about 18 December 1968. He was assigned as follows:
* 258th Signal Company, 304th Signal Battalion, from 20 November 1967 to 1 August 1968
* Company B, 1st Battalion, 31st Infantry, 7th Infantry Division, from 13 August 1968 to 9 December 1968
3. While in Korea, he was honorably discharged on 2 May 1968 for the purpose of immediate reenlistment. His DD Form 214 for this period of service shows he completed 5 months and 14 days of foreign service in USARPAC during the period covered by this DD Form 214.
4. He executed a 3-year reenlistment on 3 May 1968 and after serving at Fort Lewis, WA, he served in Vietnam - USARPAC with the 275th Signal Company from on or about 3 July 1969 to 19 December 1970.
5. He was honorably released from active duty on 20 December 1970 and he was transferred to the U.S. Army Reserve Control Group to complete his Reserve obligation. His DD Form 214 for this period of service shows he completed 2 years, 1 month, and 3 days of foreign service in USARPAC
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214. During the Vietnam War, item 22c of the DD Form 214 then in effect showed 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 service was performed (e.g., U.S. Army Europe or U.S. Army Vietnam).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Korea from 19 November 1967 to on or about 18 December 1968. While in Korea, he was discharged for the purpose of reenlistment. His DD Form 214 for this period of service credited him with a portion of this foreign service.
2. He reenlisted on 3 May 1969 and served in Vietnam from 3 July 1969 to 19 December 1970. His DD Form 214 for this period of service credited him with the remainder of his foreign service in Korea and his foreign service in Vietnam.
3. The regulation in effect at the time required an entry for the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed; USARPAC in his case, which is correctly shown on his DD Form 214.
4. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. There is no provision in the governing regulation to list reassignment from one unit to another or service on guard duty at the DMZ on this form.
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) AR20100024257
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024257
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