IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110019539
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) to amend item 16 (Date Inducted) to 2 October 1962, and item 24c (Foreign and/or Sea Service) to show his service in the Republic of Korea.
2. He states his DD Form 214 shows the wrong date of entry on active duty. He also states he served in Korea while on active duty and his DD Form 214 does not reflect this information.
3. He 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. His record includes a DD Form 215 (Correction to DD Form 214) which amended item 16 of his DD Form 214 to show his induction date as 2 October 1962. He will be provided a copy of this document for his records. This issue will not be discussed further in these Proceedings.
3. His records contain a DD Form 47 (Record of Induction) which shows he was inducted in the Army and entered active duty on 2 October 1962. After completion of training, he served in military occupational specialty 640.00 (Light Vehicle Driver).
4. The applicant's records also contain a DA Form 24 (Service Record), covering the period 2 October 1962 to 1 October 1964. Neither section 2 (Chronological Record of Military Service) nor section 5 (Service Outside Continental United States) show he served in Korea.
5. A review of his military personnel record did not yield any documentation or orders to show his service in Korea.
6. On 1 October 1964, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation. He completed 2 years of total active service and was given an honorable characterization of service. Item 24c does not depict any overseas service time.
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time required only that the total amount of foreign service completed during the period covered by the DD Form 214 be entered in Item 24c. There were no provisions of the regulation in effect at the time that required documenting the specific country or area where the foreign service was completed on the
DD Form 214.
DISCUSSION AND CONCLUSIONS:
His record does not contain any evidence and he has not provided sufficient documentation to show he served in Korea at any time during his 2 years of active service. As a result, he is not entitled to the requested relief.
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) AR20110019539
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ABCMR Record of Proceedings (cont) AR20110019539
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