IN THE CASE OF:	  

		BOARD DATE:	    21 August 2012

		DOCKET NUMBER:  AR20120002778 


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 show his service in Korea and that he was separated in grade E-5.

2.  The applicant states he served in Korea for 13 months during 1967 and 1968 and he was promoted to E-5.  However, his DD Form 214 does not show his service in Korea or that he was separated in the grade of E-5.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 17 October 1966 for a period of 3 years.  He was awarded military occupational specialty 12A (Pioneer).

3.  Headquarters, 7th Infantry Division, Special Orders Number 31, dated
31 January 1968, appointed the applicant to the temporary grade of specialist four (SP4)/pay grade E-4, effective 29 January 1968.

4.  Headquarters, 91st Engineer Battalion (Combat), For Belvoir, VA, Special Orders Number 180, dated 14 October 1968, appointed the applicant to the temporary grade of specialist five (SP5)/pay grade E-5.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 2 (Grade):  SP5 E-5;

	b.  item 3 (Date of Rank (DOR):  14 October 1968;

	c.  item 31 (Foreign Service):  U.S. Army Pacific (USARPAC), Korea from
7 April 1967 through 6 May 1968; and

	d.  item 33 (Appointments and Reductions):

* SP4 E-4 (temporary), DOR - 29 January 1968
* SP4 E-4 (permanent), DOR - 29 January 1968
* SP5 E-5 (temporary), DOR - 14 October 1968

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 16 October 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 3 years of active service.  It also shows in:

	a.  item 5a (Grade, Rate or Rank):  "SP5 (T) See (item) 30";

	b.  item 5b (Pay Grade):  "E-5";

	c.  item 6 (DOR):  "8 Oct 68" (8 October 1968);

	d.  item 22 (Statement of Service), block c (Foreign and/or Sea Service):  "USARPAC  1 year, 1 month, and 0 days"; and

	e.  item 30 (Remarks):  "Item 5a:  SP4 E-4 (P), Date Appointed - 29 Jan 68, Date of Rank - 29 Jan 68."

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.

	b.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions show for:

		(1)  item 5a:  enter grade in which serving at time of separation, indicating whether permanent or temporary (e.g., "SP4 (T)");

   	(2)  item 5b:  enter pay grade;

   	(3)  item 6:  enter DOR for the grade shown in item 5a; and

		(4)  item 30:  the "Remarks" section will be used to complete entries too long for their respective items.

   	(a)  It shows that if grade as shown in item 5 is not permanent, enter permanent grade, date of appointment, and date of rank.

   	(b)  Effective 15 March 1972, it shows that Indochina and Korea service on or after 5 August 1964 will be shown by entering inclusive dates of service for Vietnam, and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he served in Korea and that he was separated in grade E-5.

2.  Records show the applicant served in Korea for 1 year and 1 month, from 7 April 1967 through 6 May 1968, and that this service is recorded in item 22, block c of his DD Form 214.  Although the effective date for showing a member's overseas service in the "Remarks" section of the DD Form 214 was after the applicant was separated, it would be appropriate to show he served in Korea in this case.

3.  The evidence of record shows the applicant was promoted to SP4/E-4 (permanent) on 29 January 1968 and appointed to SP5/E-5 (temporary) on 
14 October 1968.  The applicant's DD Form 214 properly shows both his permanent and temporary rank and grade in items 5a and 5b, and item 30, respectively.  (Despite the fact that the DOR shown in item 6 is in error, no action is being taken to correct the applicant's DOR for SP5 (E-5), as the error favors the applicant.)  Therefore, there is no basis for correcting the applicant's
DD Form 214 in this instance.

4.  In view of the foregoing, the applicant's DD Form 214 should be corrected to show his service in Korea, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of his DD Form 214 the entry "Indochina--No, Korea--Yes."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his grade.



      _______ _   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)                                         AR20120002778



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ABCMR Record of Proceedings (cont)                                         AR20120002778



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