Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110018275
Original file (20110018275.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    13 March 2012

		DOCKET NUMBER:  AR20110018275 


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 item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states:

* He served in Korea not Europe
* After basic training his unit was sent to Europe but he was sent to Fort Lewis, WA, and then transferred to Korea
* He spent 12 months and 25 days in Korea
   
3.  The applicant provides 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 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 16 July 1959 for a period of 
3 years.  He served as a heavy weapons infantryman.  On 13 July 1962, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 

3.  Item 24c of his DD Form 214 shows he served 1 year and 25 days of foreign service in "USAREUR" [U.S. Army Europe]. 

4.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 1 April 1960 to 28 March 1961.

5.  There is no evidence in the available records which show he served in Europe. 

6.  Army Regulation 635-5 (Separation Documents) governs 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 and the last overseas theater in which the service was performed would be entered in item 24c.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Korea not Europe as shown in item 24c of his DD Form 214.

2.  Evidence shows he served in Korea from 1 April 1960 to 28 March 1961.  There is no evidence which shows he served in Europe.

3.  The entry on his DA Form 20 which shows he served in Korea is accepted as sufficient evidence on which to amend item 24c of his DD Form 214 to show his last overseas theater was U.S. Army Pacific (USARPAC).
 








BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "USAREUR" in item 24c of his DD Form 214 and replacing it with the entry "USARPAC."






      _______ _  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)                                         AR20110018275





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018275



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100028749

    Original file (20100028749.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100028749 THE BOARD CONSIDERED THE FOLLOWING 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. His DD Form 214 shows he completed 2 years, 11 months, and 19 days of creditable active service.

  • ARMY | BCMR | CY2012 | 20120011120

    Original file (20120011120.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy: a. Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM). It states, in pert1 January 1961 and 14 August 1974inent part, that it is authorized for honorable active duty service during the period between 1 January 1961 and 14 August 1974; and b. Paragraph 2-20 contains guidance on award of the Korea...

  • ARMY | BCMR | CY2010 | 20100000516

    Original file (20100000516.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his one year of service in the Republic of Vietnam and the receipt of any Vietnam service medals to which he is entitled as a result of this foreign service. Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards. Records show he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.

  • ARMY | BCMR | CY2010 | 20100018251

    Original file (20100018251.txt) Auto-classification: Approved

    Therefore, it would be appropriate to correct his DD Form 214 to show his service in Korea. Therefore, his DD Form 214 should be corrected to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24c of his DD Form 214 the entry "None" and replacing it with the entry "USARPAC 1 0 14"; b. adding to item 26 of his DD Form 214 the National Defense Service Medal, Korea Defense Service Medal,...

  • ARMY | BCMR | CY2011 | 20110023036

    Original file (20110023036.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) shows: a. in item 31 (Foreign Service) he was credited with service in Vietnam from 11 July 1966 to 4 July 1967; b. in item 38 (Record of Assignments) he was assigned to the 736th Medical Detachment (Military Provincial Health Assistance Program) and attached to the U.S. Military Assistance Command Vietnam (MACV), U.S. Army Pacific (USARPAC), from 16 July 1966 to 3 July 1967; and c. in item 41 (Awards and Decorations) he was authorized the: *...

  • ARMY | BCMR | CY2009 | 20090008735

    Original file (20090008735.txt) Auto-classification: Approved

    The applicant requests correction of his 3 January 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Thailand and France/Germany. The applicant's DA Form 20 shows that he served in France from 14 March 1960 to 17 February 1963 and Thailand from 30 October 1964 to 24 August 1965. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 3 January 1966 DD Form...

  • ARMY | BCMR | CY2011 | 20110022316

    Original file (20110022316.txt) Auto-classification: Approved

    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. d. DD Form 214 for the period 15 December 1968 through 30 September 1972 which shows in item 22c completion of 1 year of foreign service and in item 30 (Remarks) the entry "Vietnam - Yes 1 October 1970 to 30 September 1971." As a result,...

  • ARMY | BCMR | CY2010 | 20100022206

    Original file (20100022206.txt) Auto-classification: Approved

    c. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. The evidence of record confirms he served an honorable period of active duty service between 18 March 1963 and 7 March 1966; therefore, he is entitled to award of the NDSM and to have this award added to his DD Form 214. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2010 | 20100020058

    Original file (20100020058.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 June 1965 to show his record of overseas service in Korea, any service ribbons he is entitled to, and his rank. Although there is no provision to indicate the specific dates of his service in Korea, it would be appropriate at this time to correct his DD Form 214 for the period ending 7 June 1965 to show in item 32 the entry "Indochina – no, Vietnam...

  • ARMY | BCMR | CY2005 | 20050012024C070206

    Original file (20050012024C070206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 September 2005 DOCKET NUMBER: AR20050012024 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.