BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120021293
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 correct dates of his service in the Republic of Korea.
2. The applicant states the date of this departure from the demilitarized zone in Korea is not correct. He was originally scheduled to leave at the end of March 1968. However, he was held over due to the Pueblo incident and did not leave until a few weeks later. The incorrect departure date is causing a denial of Department of Veterans Affairs benefits.
3. The applicant provides copy of 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 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. The applicant was inducted into the Army of the United States on 13 July 1966 and held military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) that he served in Korea from 30 January 1967 through 29 February 1968 (1 year and 1 month); and
b. item 38 (Record of Assignments) that he was assigned to:
(1) Company B, 1st Battalion, 17th Infantry, 7th Infantry Division (Korea) from 6 February 1967 to 18 March 1968 (1 year, 1 month and 12 days); and
(2) Company B, 6th Battalion, 1st Infantry, Fort Campbell, Kentucky, from 23 April through 11 July 1968.
4. He was honorably released from active duty on 12 July 1968 in the rank of specialist four/E-4. He completed 2 years of creditable active service. His DD Form 214 shows in:
a. item 22c (Foreign and/or Sea Service) the entry "USARPAC [U.S. Army Pacific]" and "01 01 00" (indicating 1 year and 1 month); and
b. item 30 (Remarks) the entry "Excess leave status: 8 thru 16 Apr 68, 9 days."
5. His Army Military Human Resource Record contains Headquarters, 7th Infantry Division, Special Orders Number 41, dated 10 February 1968, showing the applicant was to be reassigned to Fort Campbell, Kentucky. The Date Eligible to Return from Overseas (DEROS) is listed as 30 March 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows he served in Korea from 30 January 1967 to 18 March 1968 (1 year, 1 month, and 19 days).
2. Although the special orders show a DEROS of 30 March 1968, there is no evidence showing he remained in Korea past the 18 March 1968 date shown in item 38 of his DA Form 20.
3. It would be appropriate to amend his DD Form 214 to show his foreign service totaled 1 year, 1 month, and 19 days.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X__ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 22c of his DD Form 214 and adding the entry "01 01 19" (1 year, 1 month, and 19 days).
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing he was served in Korea beyond 18 March 1968.
___________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) AR20110006177
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ABCMR Record of Proceedings (cont) AR20120021293
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