IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120008492
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 item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 May 1972 to show "Yes" vice "No" for the entry "Korea" to indicate he did have service in Korea.
2. The applicant states he served two tours of duty in Korea but his DD Form 214 shows the entry "Korea: No" which is incorrect.
3. The applicant provides his DD Form 214 for the period ending 24 May 1972 and his DA Form 20 (Enlisted Qualification Record).
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 was inducted into the Army of the United States on 12 April 1951 and he held military occupational specialty 64C (Truck Master). He was honorably discharged for the purpose of immediate reenlistment on 15 January 1953. He completed 1 year, 9 months, and 4 days of net active service during this period of service.
3. He enlisted in the Regular Army (RA) on 16 January 1953 and he was honorably discharged for the purpose of immediate reenlistment on 20 November 1955. He completed 2 years, 10 months, and 5 days of net active service during this period of service.
4. On 21 November 1955, he reenlisted in the RA and he served until he was honorably discharged, on 24 September 1961, for the purpose of immediate reenlistment. He completed 5 years, 10 months, and 4 days of net active service during this period of service.
5. On 25 September 1961, he reenlisted in the RA. He was promoted to the rank of sergeant first class (SFC) on 19 October 1966. On 24 September 1967, he was honorably discharged for the purpose of immediate reenlistment. He completed 6 years of net active service during this period.
6. On 25 September 1967, he reenlisted in the RA. He was honorably retired from active duty on 24 May 1972 in the rank of SFC. He completed 4 years and 8 months of net active service during this period and he completed a total of 21 years, 1 month, and 13 days of total active service.
7. Item 30 of the DD Form 214 he was issued for his last period of service contains the entries Indochina: Yes, Vietnam: No, and Korea: No.
8. Item 31 (Foreign Service) of his DA Form 20 shows he had foreign service as follows:
* 23 September 1951 - 17 November 1952, Korea
* 29 December 1953 - 31 December 1956, Japan
* 4 March 1960 - 28 March 1961, Korea
* 19 November 1962 - 16 January 1965, Germany
* 6 August 1967 - 31 July 1968, Thailand
9. 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. In the version of the regulation that was in effect at the time, it stated in item 30 of the DD Form 214, to indicate Indochina and Korea service on or after 5 August 1964 enter inclusive dates of service in Vietnam and "No" or "Yes" for service in Indochina or Korea.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in Korea from 1951 to 1952 and from 1960 to 1961. He also served in Thailand from 1967 to 1968. Per regulatory guidance in effect at the time, his service in Indochina (Thailand) was after 5 August 1964, the entry "Indochina" on his DD Form 214 for the period ending 24 May 1972 was properly annotated "Yes." Both periods of service in Korea were served prior to 5 August 1964; therefore, the entry "Korea" on this DD Form 214 was properly annotated "No." 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) AR20120008492
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ABCMR Record of Proceedings (cont) AR20120008492
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