IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110010111
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, the widow of a deceased former service member (FSM), requests correction of her husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea.
2. The applicant states she cannot use the DD Form 214 to join the Veterans of Foreign Wars (VFW) without the wartime information.
3. The applicant provides:
* the FSM's DD Form 214
* a letter from the Department of Veterans Affairs (DVA), Cleveland, OH to the FSM, dated in 2008
* the FSM's discharge orders from the U.S. Army Reserve (USAR), dated 30 September 1964
* a VA Form 10-0137 (VA Advance Directive: Durable Power of Attorney for Health Care and Living Will), dated 6 August 2009
* the FSM's Certificate of Death
CONSIDERATION OF EVIDENCE:
1. The FSM was inducted into the Army of the United States on 21 November 1958. He completed training and he was awarded military occupational specialty 131.00 (Armor Crewman).
2. Item 29 (Foreign Service) of the FSM's DA Form 20 (Enlisted Qualification Record) and section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) are blank, indicating he did not perform any foreign service.
3. The FSM was honorably released from active duty on 18 November 1960. He was transferred to the USAR II U.S. Army Corps to complete his remaining Reserve obligation. Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued at the time shows the entry "0 0 0" indicating no foreign service.
4. There is no evidence in the FSM's military record that shows he served in Korea or any other overseas area.
5. The applicant provided a letter from the DVA that shows the FSM was receiving service-connected disability compensation and USAR discharge orders that show the FSM was discharged from the USAR on 30 September 1964 at the expiration of his term of service.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the FSM's release from active duty provided that for item 24c, enter the total active duty outside continental limits of the United States for the period cover by the
DD Form 214.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the FSM's military records and the applicant did not provide any evidence that shows the FSM served in Korea or any other overseas area during his period of service. Therefore, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110010111
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ABCMR Record of Proceedings (cont) AR20110010111
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