IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120008091
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, the spouse of a deceased former service member (FSM), requests, in effect, correction of item 30 (Remarks) of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "yes" vice "no" for the entry "Korea" to indicate he served in Korea.
2. The applicant states the FSM was assigned to Korea during the Korean Conflict. While applying for the FSM's grave marker, the applicant discovered the FSM's DD Form 214 contained no mention of his duty in Korea during the relevant years of the Korean Conflict. Since he was serving at the time of the conflict, the applicant desires to have his Korean service indicated on his DD Form 214.
3. The applicant 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. After having prior enlisted service, the FSM was appointed as a Reserve commissioned officer on 2 June 1952.
3. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows the FSM served overseas in:
* Germany from 15 June 1954 to 8 December 1856
* Korea from 18 February 1961 to 5 June 1962
* Germany from 30 September 1964 to 3 May 1966
* Vietnam from 24 November 1967 to 20 November 1968
4. He was honorably retired on 31 July 1972 in the rank of lieutenant colonel. His DD Form 214 shows he completed 20 years and 26 days during this period of service and had 23 years, 7 months, and 10 days of total active service.
5. Item 30 of his DD Form 214 for this period of service contains the entries "Vietnam Service: 24Nov67-20Nov68," "Indochina: Yes," and "Korea: No."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The version of the regulation in effect at the time stated to indicate Indochina and Korea service on or after 5 August 1964 by entering the inclusive dates of service in Vietnam and "yes" or "no" for service in Indochina or Korea in item 30 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the FSM served in Korea from 18 February 1961 to 5 June 1962. As his service in Korea was prior to 5 August 1964, the entry "Korea" on this DD Form 214 was properly annotated "no" per regulatory guidance in effect at the time. Therefore, there is no basis for granting relief in this case.
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) AR20120008091
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ABCMR Record of Proceedings (cont) AR20120008091
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