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 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 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
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ABCMR Record of Proceedings (cont) AR20110018275
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