IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028938
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 DD Form 214 (Report of Transfer or Discharge) for the period ending 21 January 1971 be corrected to show his service in Korea and Germany.
2. The applicant states he wants this DD Form 214 corrected to show his time in Korea and Germany.
3. The applicant provides a DD Form 214 for the period ending 21 January 1971.
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. He enlisted in the Regular Army (RA) on 7 January 1963 for a period of
3 years. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 6 January 1964 to 18 January 1965. On 18 March 1965, he was honorably discharged for immediate reenlistment.
3. Item 24c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 18 March 1965 shows he served 1 year and 13 days of foreign service.
4. He reenlisted in the RA on 19 March 1965 for a period of 6 years. His DA Form 20 shows he served in Okinawa from 29 November 1965 to 4 October 1966 and he served two tours in Vietnam (5 October 1966 to 24 October 1967 and 18 August 1968 to 17 August 1969). On 21 January 1971, he was honorably discharged for immediate reenlistment.
5. Item 22c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 21 January 1971 shows he served 3 years, 11 months, and 6 days of foreign service.
6. He reenlisted in the RA on 22 January 1971 for a period of 3 years. His DA Form 20 shows he served in Germany from 28 January 1972 to 10 September 1973. On 21 January 1974, he was honorably discharged.
7. Item 18f (Foreign and/or Sea Service This Period) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 21 January 1974 shows he served 1 year, 7 months, and 14 days of foreign service.
8. Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214. The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 would be entered in items 24c, 22c, and 18f. Additionally, there is no provision to show duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. He wants his DD Form 214 for the period ending 21 January 1971 corrected to show his service in Korea and Germany.
2. Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting his request to show his duty assignments in Korea and Germany on his DD Form 214 for the period ending 21 January 1971.
3. Evidence shows he served in Korea in 1964/1965 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending
18 March 1965. A copy of this DD Form 214 will be provided to the applicant.
4. Evidence shows he served in Germany in 1972/1973 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending
21 January 1974. A copy of this DD Form 214 will be provided to the applicant.
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) AR20100028938
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ABCMR Record of Proceedings (cont) AR20100028938
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