IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120006897
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 at the Demilitarized Zone (DMZ)
* his temporary duty (TDY) attachment to the 2nd and 7th Infantry Divisions
2. The applicant states his DD Form 214 is incomplete and does not list his presence and assignments to the infantry division. He was exposed to herbicide and the omission is affecting his herbicide claim.
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's records show he enlisted in the Regular Army on 15 November 1966 and he held military occupational specialty (MOS) 16E (HAWK Missile Fire Control Coordinator).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the U.S. Army Pacific (USARPAC) - Korea from 4 November 1967 to 3 December 1968.
4. Item 38 (Record of Assignment) of his DA Form 20 shows:
* He departed continental United States (CONUS) on 25 September 1967 enroute to USARPAC
* He served with Headquarters and Headquarters Battery, 7th Battalion (HAWK), 2nd Artillery, from 15 November 1967 to 2 December 1968
* He departed Korea enroute to CONUS on 3 December 1968
5. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 27 August 1969 and he was transferred to the U.S. Army Reserve for completion of his service obligation after completing 2 years, 9 months, and 13 days of creditable active service, with no lost time. His
DD Form 214 shows in:
* Item 22c (Foreign and/or Sea Service) he completed 1 year and 1 month of foreign service in the USARPAC
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Armed Forces Expeditionary Medal
* Item 30 (Remarks) does not show he served in Korea
6. Army Regulation 635-5 (Personnel Separations Separation Documents), dated 23 January 1967, (and subsequent changes or amendments) in effect at the time of the applicant's separation stated:
* In item 22c, for enlisted personnel show 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 service was performed, e.g. "USARPAC"
* item 30 is used to complete entries too long for their respective blocks or for mandatory requirements, when a separate block is not available, and as a continuation entry
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Korea from 4 November 1967 to 3 December 1968. Korea fell under USARPAC at the time. Accordingly, when his DD Form 214 was processed, it listed his foreign service in item 22c with the major overseas command being USARPAC.
2. At the time of his release from active duty in August 1969, there was no provision to list the specific country on the DD Form 214. Therefore, no Korea entry was made in item 30 of this DD Form 214.
3. Additionally, not only is there no evidence in his records that he was TDY with the 2nd or 7th Infantry Divisions, there has never been a provision to list TDY trips to specific divisions during a member's military service on the DD Form 214. The applicant may use this Record of Proceedings to confirm his 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 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) AR20120006897
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ABCMR Record of Proceedings (cont) AR20120006897
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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