IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120020490
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 (Report of Separation from Active Duty) to show his foreign service in Korea.
2. The applicant states his DD Form 214 shows he was credited with 4 months and 26 days of foreign service and erroneously omitted his service in Korea. His father served in the U.S. Navy and died in 1971 and his mother died in 1978.
3. The applicant provides no additional evidence.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel makes no requests or statements and provides no additional evidence.
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 in pay grade E-1 on 29 February 1972. He completed training and was awarded military occupational specialty 71B (Clerk Typist).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 18 August 1972 through 23 August 1973 when he was reassigned to Fort Gordon, GA, as a patient.
4. He was honorably retired in pay grade E-3 on 28 October 1974 by reason of physical disability and he was placed on the Temporary Disability Retired List (TDRL) effective 29 October 1974. He completed 2 years, 7 months, and 24 days of net active service.
5. Item 18f (Foreign and/or Sea Service This Period) of his DD Form 214 shows he completed 4 months and 26 days of foreign service. Item 27 (Remarks) of this form shows he accrued 6 days of lost time (from 3 to 5 June 1974 and from 16 to 19 June 1974).
6. He was removed from the TDRL and permanently retired with an effective date of 31 May 1978.
7. On 10 June 1983, he was issued a DD Form 215 (Correction to DD Form 214) correcting item 18f to show a credit of 1 year and 5 months of foreign service.
8. Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214. The regulation in effect at the time specified that all service shown in items 18a through 18f would be less time lost. Item 18f would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214. Lost time would be entered in item 27.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Germany during his period of active duty. He was issued a DD Form 215 correcting 18f of his DD Form 214 pertaining to this foreign service. There is no evidence of record and he provided none to show he served in Korea during the period covered by this DD Form 214.
Therefore, he is not entitled to correction of item 18f of his DD Form 214 to show any additional foreign service credit for service in Korea.
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 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) AR20120020490
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ABCMR Record of Proceedings (cont) AR20120020490
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