IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028749
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 his foreign service in Korea from 1960 to 1962.
2. The applicant states his Korea service from 1960 to 1962 is not shown on his DD Form 214.
3. The applicant provides no additional evidence.
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 records show he enlisted in the Regular Army for a period of 3 years on 26 June 1959 and held military occupational specialty (MOS) 631.10 (Wheel Vehicle Mechanic).
3. Upon completion of MOS training, he was assigned to Fort Lewis, WA, on 25 September 1959 where he remained until on or about 22 July 1960.
4. His DA Form 24 (Service Record) provides the following information.
a. Section 1 (Appointments, Promotions, or Reductions) shows he was appointed to the temporary rank/grade of specialist four/E-4 on 13 January 1961 by authority of Special Orders Number 11 issued by Headquarters, 35th Quartermaster Battalion, Army Post Office (APO) 154 [Stuttgart, Germany], dated 13 January 1961.
b. Section 4 (Chronological Record of Military Service) shows he was assigned as follows:
* 22 July to 30 August 1960, en route to U.S. Army Europe (USAREUR)
* 31 August to 23 October 1960, 109th Transportation Company, APO 154
* 24 October 1960 to 6 March 1962, 109th Transportation Company, APO 154 (Company Transfer)
* 7 March to 17 May 1962, 109th Transportation Company, APO 154 (Company Transfer)
* 18 May to 4 June 1962, 109th Transportation Company, APO 154
* 5 to 13 June 1962, en route to continental United States (CONUS)
c. Section 5 (Service Outside CONUS) shows he departed McGuire Air Force Base, NJ, on 29 August 1960 and arrived in Frankfurt, Germany, on 30 August 1960.
5. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 109th Transportation Company on 23 December 1960 for a period of 16 months.
6. He was honorably released from active duty on 14 June 1962 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.
7. His DD Form 214 shows he completed 2 years, 11 months, and 19 days of creditable active service. Item 24c (Foreign and/or Sea Service) shows he completed 1 year, 9 months, and 16 days of foreign service in USAREUR.
8. 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 CONUS for the period covered by the DD Form 214. During the Vietnam War, item 12 of the DD Form 214 then in effect showed the total active duty outside CONUS for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USAREUR or U.S. Army Vietnam).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in USAREUR from on or about 30 August 1960 to on or about 5 June 1962. He was assigned to the 109th Transportation Company in Germany. His period of foreign service is captured in item 24c of his DD Form 214. There is no provision in the regulation to list the specific country of foreign service in item 24c.
2. Although not very clear, it appears his unit may have transferred from Germany to another location (Korea or somewhere else) during his assignment to that unit. However, it also appears the unit returned to Germany. Either way, his foreign service started and ended in USAREUR which is appropriately listed in item 24c of his DD Form 214.
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) AR20100028749
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ABCMR Record of Proceedings (cont) AR20100028749
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