BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010223 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 31 December 1973 to add his foreign service.

2.  The applicant states everything on his DD Form 214 seems correct except for item 22c (Foreign and/or Sea Service) which list no foreign service.  He had approximately 12 years, 9 months, and 9 days of foreign service.  He served in Japan, Taiwan (Formosa), and Germany.  He is currently 84 years old.  His wife thought she should have his military records corrected to properly reflect his service.

3.  The applicant provides his DD Form 214 for the period ending on 
31 December 1973.

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.  Prior to enlisting in the Regular Army, the applicant was inducted into the Army of the United States (AUS) on 3 November 1945.  His record shows he was honorably released from active duty on 9 February 1947.  He was issued a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) which shows he served in the Pacific Theater of Operations from 
19 March 1946 to 1 January 1947 (10 months and 9 days).

3.  Subsequent to his discharge he enlisted in the United States Air Force (USAF) on 26 January 1947 (to be effective 10 February 1947).  He served in Japan from 1 March 1946 to 1 January 1947.  He was honorably discharged on 14 April 1948.  He was also issued a WD AGO Form 53 that captured this period of USAF service.  

4.  He enlisted in the Regular Army on 15 April 1948 and held military occupational specialty 3097 (Telephone Installer-Repairman).  His DA Form 20 (Enlisted Qualification Record) shows in section 31 (Foreign Service) he was assigned to Japan from 30 September 1948 to 24 March 1952 (3 years, 5 months, and 25 days) and Taipei, Formosa from 10 May 1951 to 10 July 1951.

5.  He was honorably discharged from active duty on 14 April 1952.  His 
DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 4 years of net active service, of which 3 years, 5 months, and 24 days was credited as foreign service.

6.  On 15 April 1952, he reenlisted in the Regular Army (RA).  He was not issued a DD Form 214.  The DD Form 214 was not issued to active duty personnel, other than to members of the AUS, who were discharged and reenlisted between 22 July 1952 and 24 February 1957.  However, his DA Form 20 shows that during the period of this enlistment he was assigned in Japan from 27 October 1952 to 14 April 1955 (2 years, 5 months, 18 days).

7.  On 15 April 1955, he reenlisted in the RA and his DA Form 20 shows that during the period of this enlistment he was assigned to Japan from 15 April 1955 to 25 November 1956 (1 year, 7 months, 10 days) and in Germany from 13 November 1957 to 24 October 1960 (2 years, 11 months, and 11 days). 

8.  On 14 April 1961, he was honorably discharged for immediate reenlistment.  His DD Form 214 shows he completed 6 years of net active service during period of this enlistment, of which, 4 years, 6 months, and 23 days was credited as foreign service.  
9.  He reenlisted or extended in the RA several more times.  His record shows the remainder of his assignments were within the Continental United States.

10.  On 31 December 1973, he was honorably retired from active duty.  His 
DD Form 214 shows he was credited with completing 26 years, 11 months, and 26 days of total active service and he had attained the rank/grade of master sergeant/E-8.  This form did not list any foreign service.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 24 or item 26 (Foreign and/or Sea Service) of the DD Form 214 in effect at the time, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 12 of the DD Form 214 in effect then showed 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. Foreign and/or Sea Service USAREUR or USARV).  

	b.  Army Regulation 635-5 states a DD Form 214 will be issued when an enlisted Soldier is discharged to continue on active duty as a commissioned or warrant officer.  A DD Form 214 will not be issued to replace record copies of the DD Form 214 lost by Soldiers.  If no DD Form 214 is available, a statement of service or transcript of military record should be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 for the period ending on 9 February 1947 shows he served in Japan from 19 March 1946 to 1 January 1947.  Based on the evidence of record, these dates appear to be correct.  Therefore, his WD AGO Form 53-55 correctly lists his foreign service.   

2.  He served in the USAF from 26 January 1947 to 14 April 1948 and was issued a WD AGO Form 53 which captured his service.  The ABCMR cannot correct this portion of his military service because it was completed while serving in the USAF.  The ABCMR only has oversight of Army records.

3.  His DD Form 214 for the period ending on 14 April 1952 correctly shows he complete 3 years, 5 months, and 24 days for foreign service.  

4.  He was not issued a DD Form 214 for the period of his enlistment from         15 April 1952 to 14 April 1955.  During this period he served in Japan for 2 years, 5 months, 18 days.  However, the applicant’s retirement DD Form 214 appropriately captured his entire period of military service in terms of years of service.

5.  His DD Form 214 for the period ending on 14 April 1961 correctly shows he completed 4 years, 6 months, and 23 days or foreign service.  

6.  His final DD Form 214 for the period ending on 31 December 1973 does not list any foreign service because he did not complete any foreign service during the period covered by that DD Form 214.  At the time of retirement only foreign service completed during the period covered by the DD Form 214 should be listed.  Therefore, item 22c of this DD Form 214 correctly lists no foreign service.

7.  Based on the forgoing there is insufficient evidence to grant 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)                                         AR20120010223



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ABCMR Record of Proceedings (cont)                                         AR20120010223



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