IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130022359
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 he served in Korea.
2. He states he is trying to obtain a "Florida Special Korean War Registration Plate." However, he has nothing in writing that states he was in Korea. His former State of Rhode Island recognized his DD Form 214 but it does not show he served 16 months in Korea.
3. The applicant provides 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 applicants military records were not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. However, the DD Form 214 he provides is sufficient to allow the Board to conduct a fair and impartial review of the case.
3. The applicant's DD Form 214 contains the following information:
a. He enlisted in the Regular Army on 3 May 1954 for a period of 3 years.
b. He completed training and served in military occupational specialty 555.10 (Stevedore).
c. Item 24c (Foreign and/or Sea Service) he completed 1 year, 6 months, and 8 days.
d. He was released from active duty on 2 May 1957 and transferred to the U.S. Army Reserve with an honorable characterization of service.
4. His DD Form 214 does not show the beginning and end dates of his foreign service or the specific location.
5. Special Regulation 615-360-1 (Enlisted Personnel - Separation of Enlisted Personnel), in effect at the time, provided the standardized policy for preparing and distributing the DD Form 214 and stated that item 24c would show total service outside the continental limits of the United States during the current term of service. There was no requirement to list the location or the beginning or end dates of foreign service.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 shows he had 1 year, 6 months, and 8 days of foreign service during his 3-year enlistment.
2. The regulation in effect at the time did not provide for the location of the foreign service to be listed on the DD Form 214. Unfortunately, his records are not available and it appears his DD Form 214 was correctly prepared.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20130022359
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ABCMR Record of Proceedings (cont) AR20130022359
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