IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20140021171
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 item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed 1 year, 10 months, and 26 days of foreign service.
2. The applicant states:
* item 22 of his DD Form 214 shows 10 months and 26 days of foreign service
* the entry should read 1 year, 10 months, and 26 days
* he served with Company B, Long Lines Battalion North, U.S. Army Strategic Command, in Korea during this period
* the minimum tour of duty in Korea was 13 months
* he extended his tour for the 5-month early release for hardship tour
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 applicant enlisted in the Regular Army on 12 August 1968 for a period of 3 years. He completed his training and was awarded military occupational specialty 84G (photographic laboratory operations specialist).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) credited him with service in Korea from 21 April 1969 through 15 March 1971 (1 year, 10 months, and 23 days). Item 38 (Record of Assignments) of his DA Form 20 also shows he departed Korea en route to the continental United States on 15 March 1971.
4. On 16 March 1971, he was honorably released from active duty.
5. Item 22c of his DD Form 214 shows he completed 10 months and 26 days of foreign service.
DISCUSSION AND CONCLUSIONS:
Item 31 of his DA Form 20 shows he served in Korea from 21 April 1969 through 15 March 1971 for a total of 1 year, 10 months, and 23 days of foreign service. Therefore, the entry in item 31 of his DA Form 20 is accepted as sufficient evidence on which to base amending item 22c of his DD Form 214 to show he completed 1 year, 10 months, and 23 days of foreign service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in item 22c of his DD Form 214 and replacing it with the entry "1 10 23."
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 22c of his DD Form 214 to show he completed 1 year, 10 months, and 26 days of foreign service.
_______ _ 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) AR20140021171
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ABCMR Record of Proceedings (cont) AR20140021171
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