IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110003821
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) for the period ending 31 July 1972 to show he had service in Korea.
2. The applicant states, in effect, that he served an 8-month tour in Korea in 1952 and his DD Form 214 should reflect the entry Korea - yes in block 30 (Remarks).
3. The applicant provides a copy of 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 enlisted in the Regular Army on 5 January 1952 for a period of 3 years. He completed his training and he continued to serve through a series of continuous reenlistments.
3. He served tours in Korea from 15 August 1952 to 16 April 1953, from
16 December 1955 to 2 September 1956, and from 15 August 1961 to 4 January 1962. He served in Vietnam from 29 September 1966 to 28 September 1967.
4. He was retired on 31 July 1972 after 20 but less than 30 years of active Federal service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) and placed on the Retired List in the rank/grade of sergeant first class (SFC)/E-7 effective 1 August 1972. He completed 20 years, 6 months, and 27 days of total active service. His DD Form 214 issued at the time of his retirement shows that during the period covered by the DD Form 214 the applicant served in Vietnam and that he did not serve in Korea during that period.
5. Army Regulation 635-5 serves as the authority for the preparation of 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. Events that occur subsequent to the date the DD Form 214 is issued or entered on a previously issued DD Form 214 are not authorized for retroactive entry on that form as the DD Form 214 reflects only information that is in effect at the time the DD Form 214 is issued.
6. Army Regulation 635-5, in effect at the time, further states to indicate Indochina and Korea service on or after 5 August 1964 (emphasis added) by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" or Indochina. Sample entries are as follows:
a. To show service in Vietnam only, "Vietnam 25 Apr 70 through 28 May 71, Indochina yes, Korea no."
b. To show service in Indochina (other than Vietnam) only, "Indochina yes, Vietnam no, Korea no."
c. To show service in Korea only, "Indochina no, Vietnam no, Korea yes."
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should reflect a yes entry for service in Korea has been noted and appears to lack merit.
2. While the applicant's record confirms his three tours of duty in Korea, he did not serve in Korea "on or after 5 August 1964" and during the period covered by the DD Form 214 for the period ending 31 July 1972. However, he did serve in Vietnam from 1966 to 1967; therefore, his DD Form 214 properly reflects this foreign service.
3. In the absence of evidence showing he served in Korea at any time on or after 5 August 1964, there appears to be no basis for granting the applicant's requested relief.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20110003821
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ABCMR Record of Proceedings (cont) AR20110003821
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