IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130007826
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 his foreign service.
2. The applicant states he did not receive his military record that shows he served overseas. He needs this information shown on his DD Form 214 for proof for Department of Veterans Affairs (VA) assistance. They took the southern route to the State of Washington to board a ship to Okinawa.
3. The applicant provides two letters.
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 on 12 November 1958 and immediately enlisted in the Regular Army on 10 August 1959. He held military occupational specialty 111.07 (Light Weapons Infantryman).
3. He served in Okinawa from 24 June 1960 to 8 May 1962 while assigned to the 2nd Airborne Battle Group, 503rd Infantry Combat Team.
4. He was honorably released from active duty on 28 May 1962 and he was transferred to the U.S. Army Reserve.
5. Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued for this period of service shows he served in the U.S. Army Pacific (USARPAC) for 1 year, 11 months, and 19 days. Item 32 (Remarks) of this DD Form 214 does not contain an entry that shows he served in a foreign country.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated in item 24c enter the total active duty outside the continental United States (OCONUS) for the period covered by the DD Form 214 and the last oversea theater service was performed in. There were no provisions to enter the specific countries a Soldier served in OCONUS on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in Okinawa from 24 June 1960 to 8 May 1962 and that the total time of his foreign service is properly shown in item 24c of his DD Form 214 for the period ending 28 May 1962. However, there are no provisions in the governing regulation to list the specific countries a Soldier served in during his service OCONUS. Therefore, 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) AR20130007826
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007826
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110020838
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Korea. On 13 January 2010, he was issued a DD Form 215 (Correction to DD Form 214) that added award of the National Defense Service Medal. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of...
ARMY | BCMR | CY2013 | 20130001545
His DD Form 214 shows he completed 3 years of active service with no lost time. With respect to his training, the only training his records show he completed are the 8-week ATP 21-114 and the 3-week Airborne Course, both of which are listed on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal for service during the period 5 December 1961 through 4 December 1964 *...
ARMY | BCMR | CY2011 | 20110012512
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Okinawa and Thailand. The applicant provides: * DA Form 24 (Service Record) * DD Form 214 CONSIDERATION OF EVIDENCE: 1. _________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.
ARMY | BCMR | CY2010 | 20100026322
The applicant requests corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 August 1963. The version of the regulation in effect during the applicant's service provided the DD Form 214 will be issued at the time of separation, regardless of the number of days served, to each member of the Regular Army. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100014905
Item 31 (Foreign Service) of his DA Form 20 shows he served in Okinawa during the period 15 April 1963 through 4 October 1964. A review of his records does not contain any evidence and the applicant has not provided sufficient evidence to show he served in Vietnam with the 173rd Airborne Brigade (Separate). There is no evidence in the available record, and the applicant has not provided sufficient evidence, to show he served in Vietnam from August to October 1964.
ARMY | BCMR | CY2010 | 20100028749
IN THE CASE OF: BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100028749 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Korea from 1960 to 1962. His DD Form 214 shows he completed 2 years, 11 months, and 19 days of creditable active service.
ARMY | BCMR | CY2006 | 20060006387
The applicant states, in effect, that he has been trying, since 1986, to have his records corrected to show his tour of duty in the RVN from February 1962 through July 28, 1962. The applicant's Enlisted Qualification Record (DA Form 20) shows, in Item 31 (Foreign Service), that he served in the United States Army Pacific (USARPAC), in Okinawa, Japan, during the period 21 July 1960 through 20 November 1962. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130010082
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Thailand from January through August 1962. The applicant's request for correction of his DD Form 214 to show his foreign service in Thailand and any and all awards he is authorized was carefully considered. Absent clarifying documentation that shows the exact dates his unit moved from Okinawa or, more specifically, the date he arrived in...
ARMY | BCMR | CY2014 | 20140020693
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the statement "SERVICE IN VIETNAM FROM 5 MAY 1962 to 7 MAY 1963" to item 30 of his DD Form 214 for the period...
ARMY | BCMR | CY2009 | 20090000111
Application for correction of military records (with supporting documents provided, if any). At the time of the applicants separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 of the applicant's DD Form 214 the entry RVN service from 23 October 1962 to 19 April 1963. _______XXX_______________ CHAIRPERSON I...