BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003819
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 the unit and division he served with in Korea.
2. The applicant states the unit he served with in Korea is not shown on his DD Form 214.
3. The applicant provides two DD Forms 214 and a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).
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's records show enlisted in the Regular Army (RA) on 10 October 1967 and he held military occupational specialty 13D (Field Artillery Rocket Crewman). He served in Korea from 3 March 1968 to 3 April 1969 while assigned to the 1st Battalion, 12th Artillery.
3. He was assigned to B Battery, 6th Battalion, 21st Artillery, Fort Carson, CO, on 13 May 1969.
4. On 5 June 1969, he was discharged for the purpose of immediate reenlistment at Fort Carson, CO. He completed 1 year, 7 months, and 26 days of net active service during this period of service.
5. Item 12 (Last Duty Assignment and Major Command) of the DD Form 214 he was issued for this period of service contains the entry "B Battery, 6th Battalion, 21st Artillery, Fort Carson, CO."
6. On 6 June 1969, he reenlisted in the RA. He was honorably discharged on 17 August 1970. He completed 1 year, 2 months, and 12 days of net active service during this period of service for a total of 2 years, 10 months, and 8 days of active service.
7. Item 19 (Indochina or Korea Service Since 5 August 1964) of the DD Form 214 he was issued for this period of service contains the entry "Yes, 3 March 1968 - 3 April 1969."
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated in Item 12 (Last Duty Assignment and Major Command) enter the last unit of assignment and major command. Army Regulation 635-5, in effect in 1970, added Item 19 to the DD Form 214 to reflect service in Indochina or Korea.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was assigned to B Battery, 6th Battalion, 21st Artillery, Fort Carson, CO, at the time of his discharge on 5 June 1969 which is correctly reflected on the DD Form 214 for that period of service. In addition, the DD Form 214 he was issued for the period ending 17 August 1970 correctly reflects his period of service in Korea. There are no provisions in the regulation to add units to the DD Form 214 that a Soldier had previously been assigned to. Therefore, 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) AR20120003819
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ABCMR Record of Proceedings (cont) AR20120003819
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