IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110003478 


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, in effect, correction of his two DD Forms 215 (Correction to DD Form 214), dated 1 March 2007, to show his social security number (SSN) as XXX-5X-XXXX instead of XXX-6X-XXXX.  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 20 March 1972 to show he received hostile fire pay (HFP) in a combat zone while he was stationed in Korea.

2.  The applicant states two DD Forms 215 issued on 1 March 2007 incorrectly show his SSN.  He also states his DD Form 214 does not show his service in a combat zone in the ROK where he was entitled to HFP.

3.  The applicant provides:

* a DD Form 215 issued on 1 March 2007 correcting his DD Form 214 for the period ending 20 March 1972
* a DA Form 2139 (Military Pay Voucher) for pay period 1-31 December 1970

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 enlisted in the Regular Army on 20 March 1970 for a period of 3 years under SSN XXX-5X-XXXX.  He completed training and he was awarded military occupational specialty (MOS) 71N (transportation movement specialist).

3.  On 6 September 1970, the applicant was assigned for duty as a senior movement specialist with the 25th Transportation Company, located in the ROK.

4.  The DA Form 2139 provided by the applicant shows that he received $9.00 foreign duty pay (FDP) and $65.00 HFP for the period 1-30 October 1970.

5.  On 29 September 1971, the applicant departed the ROK.  He had completed a regular 13-month tour of duty in the ROK.  On 10 November 1971, he was assigned to Fort Hamilton, NY.

6.  On 20 March 1972, the applicant was honorably released from active duty prior to the expiration of his term of service and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He attained the rank/grade of specialist five (SP5)/E-5.  He completed 2 years and 1 day of total active service.

7.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 for the period ending 20 March 1972 shows he served in the U.S. Army Pacific-Korea theater for 1 year and 1 month.

8.  On 3 March 1975, the applicant again enlisted in the Regular Army.  He completed advanced individual training in MOS 16E (Hawk Fire Control Crewman) and he was assigned for duty at Homestead Air Force Base, FL.

9.  On 16 September 1975, the applicant was honorably discharged.  He completed 6 months and 13 days of creditable active service during this period of service.

10.  On 1 March 2007, a DD Forms 215 was issued to correct item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 20 March 1972 to add the Korea Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This DD Form 215 shows his SSN as XXX-6X-XXXX.  Additionally, item 13 cited on this DD Form 215 is incorrect and should have reflected item 24.

11.  On 1 March 2007, another DD Form 215 was issued to correct item 14 (Military Education) of his DD Form 214 for the period ending 15 September 1975 to add the Chemical Nuclear Biological (NBC) Officer/Noncommissioned Officer Course.  This DD Form 215 shows his SSN as XXX-6X-XXXX.

12.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It provides for entry of the individual's SSN and overseas service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 20 March 1972 should be corrected to show his dates of service in the ROK.  He also requests correction of his two DD Forms 215 issued on 1 March 2007 to show his correct SSN.

2.  The available evidence clearly shows that the applicant served in the ROK and he received FDP and HFP for at least 1 month of his 13 month regular tour of duty.  Item 22c of his DD Form 214 for the period ending 20 March 1972 clearly shows this overseas service.  However, there were no regulatory provisions, either at the time, or now, to show dates of normal overseas "tour of duty" service or receipt of any special pays in the remarks block of the 
DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

3.  The available evidence clearly shows the applicant's SSN was incorrectly entered on the two DD Forms 215 issued on 1 March 2007.  Furthermore, the correction indicated on the DD Form 215 related to the DD Form 214 for the period ending 20 March 1972 also identifies the wrong item being corrected.  Both of the DD Forms 215 should be voided and correctly prepared forms reissued.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  voiding the DD Form 215 issued on 1 March 2007 correcting the applicant DD Form 214 for the period ending 20 March 1972;

	b.  voiding the DD Form 215 issued on 1 March 2007 correcting the applicant's DD Form 214 for the period ending 15 September 1975;

	c.  adding to item 24 of his DD Form 214 for the period ending 20 March 1972 the:

* Korea Defense Service Medal
* Sharpshooter Qualification Badge with Rifle Bar

	d.  adding to item 14 of his DD Form 214 for the period ending 15 September 1975 to show the Chemical Nuclear Biological (CBR) Officer/Noncommissioned Officer Course  2 Weeks  1971

	e.  ensuring the applicant's SSN is correctly reflected as XXX-5X-XXXX.

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 showing on his DD Form 214 


for the period ending 20 March 1972 his receipt of hostile fire pay while stationed in Korea.



      _________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)                                         AR20110003478



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ABCMR Record of Proceedings (cont)                                         AR20110003478



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