IN THE CASE OF:
BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140015321
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 item 30 (Remarks) of his final DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he had served in Korea.
2. He states item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Korean Service Medal (KSM) with two bronze service stars, and therefore, it should be listed in item 30 (Remarks) that he served in Korea.
3. He provides a 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. On 20 June 1949, the applicant enlisted in the Regular Army (RA). He remained on active duty until 26 November 1961, when he was honorably discharged.
3. On 27 November 1961, he accepted an appointment in the RA as a warrant officer.
4. On 31 March 1973, he was honorably retired and transferred to the U.S. Army Reserve (USAR). His DD Form 214 for the period of 27 November 1961 to
31 March 1973 shows, in part, in:
* item 24 - KSM with two bronze service stars, Vietnam Service Medal with four bronze service stars
* item 30 - Vietnam - 16 September 1966 - 31 August 1967 and
22 March 1970 - 15 February 1971, Indochina - Yes, Korea - No
5. His WD AGO Form 24A (Service Record) shows in Section 14 (Service Outside Continental United States) that he served in Korea from 13 November 1951 to 21 December 1951
11. Army Regulation 635-5 (Personnel Separations Separation Forms), in effect at the time, provided the instructions for completion of the DD Form 214 and other separation forms. It stated the purpose of a separation form is to provide an individual with documentary evidence of his/her military service. It states, the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
The applicant's final DD Form 214 indicates that he received a KSM with two bronze service stars. However, it also states he did not serve in Korea. The
DD Form 214 covering the period 27 November 1961 to 31 March 1973 does not cover the time he served in Korea in 1951. Therefore, since he did not serve in Korea during that period, it is properly not listed on his DD Form 214.
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) AR20130019297
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ABCMR Record of Proceedings (cont) AR20140015321
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