IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010116
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 26 July 1965 be corrected to show that he served 2 years, 3 months and 24 days of foreign service.
2. The applicant states that his DD Form 214 does not reflect his service in Korea from 1961 to 1962.
3. The applicant provides copies of his two DD Form 214s with separation dates of 30 July 1962 and 26 July 1965 and a copy of his volunteer request for overseas duty dated 15 November 1960.
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 Regular Army on 30 June 1960. He completed his training and was assigned to Korea on 13 February 1961. He departed Korea on 11 June 1962 and was transferred to Fort Benning, Georgia.
3. On 30 July 1962, he was honorably discharged for the purpose of immediate reenlistment. He was issued a DD Form 214 for this period of service which shows he served 2 years, 1 month and 1 day of active service and 1 year, 3 months, and 29 days of foreign service.
4. On 31 July 1962, he reenlisted for a period of 3 years. He served in a variety of assignments and was transferred to Germany on 3 July 1964. He departed Germany on 10 July 1965 and transferred to Fort Hamilton, New York where he was honorably discharged on 26 July 1965 as an overseas returnee. His DD Form 214 issued at the time of his discharge shows he served 1 year and 24 days of foreign service in USAREUR (Germany).
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that only foreign service performed during the period of service covered by the DD Form 214 will be entered on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 dated 26 July 1965 should be corrected to reflect all of his overseas service has been noted and found to lack merit.
2. The applicant performed two overseas tours during two separate enlistment periods and his foreign service during both periods of service is properly reflected on the DD Form 214s issued for each period of service. Accordingly, there is no error or injustice in his case to correct.
3. In view of the foregoing, there is no basis to grant his request.
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) AR20140010116
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ABCMR Record of Proceedings (cont) AR20140010116
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