IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130003659
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 items 8b (Station Where Separated) and 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, his DD Form 214 should show in item 8b the Eighth U.S. Army (EUSA), Korea and item 12b a different date. He served in Korea from 1993 to 1994 and he was assigned to the EUSA at Yongsan, Korea. He was in a leave status (vacation) for approximately 45 days before his separation date. He found the errors on his DD Form 214 when registering with the Veterans of Foreign War. His medical records should be reviewed for proof of service.
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. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 4 March 1993. He was discharged from the USAR DEP on 15 April 1993 and he enlisted in the Regular Army on 16 April 1993. He completed training and he was awarded military occupational specialty 95B (military police).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
* Item 5 (Overseas Service) service in Korea from 3 January 1994 through
2 January 1995
* Item 35 (Record of Assignments) the following entries:
* 142nd Military Intelligence (MI) Company, APO 96205, from 5 January 1994 through 1 January 1995
* En route to the continental United States (CONUS) on 2 January 1995
* 702nd Military Intelligence (MI) Group, Fort Gordon, GA, on 3 January 1995
4. Orders 150-0901, issued by Headquarters, U.S. Army Signal Center, Fort Gordon, GA, dated 30 May 1997, reassigned the applicant to the U.S. Army Transition Point for release from active duty (REFRAD) with an effective date of 4 June 1997.
5. He was honorably REFRAD on 4 June 1997 and he was transferred to the USAR Control Group (Individual Ready Reserve (IRR)) to complete his remaining service obligation. He completed 4 years, 1 month, and 19 days of creditable active service. His DD Form 214 shows in:
* Item 8a the entry "Fort Gordon, GA 30905-5000"
* Item 12b the entry "1997 06 04" (4 June 1997)
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for:
* Item 8a, list the individuals current unit of assignment and the title of the major command or agency having jurisdiction over that organization
* Item12b, list the separation date for the period covered by the
DD Form 214
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was assigned to the 702nd MI Group, Fort Gordon, at the time of his honorable REFRAD on 4 June 1997. This last duty assignment is properly entered in item 8a of his DD Form 214. There is no evidence of record and he provided none to show his last duty assignment was in Korea or that he was stationed in Korea at the time of his REFRAD. Although the evidence shows he in fact served in Korea, he did not separate out of Korea.
2. There is also no evidence and he provided none to show the separation date shown in item 12b of his DD Form 214 is incorrect.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20130003659
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ABCMR Record of Proceedings (cont) AR20130003659
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