IN THE CASE OF:
BOARD DATE: 25 August 2015
DOCKET NUMBER: AR20150000958
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) be corrected to show he received hostile fire pay (HFP) for his service in Korea in 1972.
2. The applicant states that he would like his DD Form 214 to show he received HFP during his service in Panmunjom, South Korea in 1972.
3. The applicant provides no additional documents with his application.
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 on 20 April 1971. He completed his one-station unit training as a light weapons infantryman at Fort Ord, California and was transferred to Fort Riley, Kansas for his first duty assignment.
3. On 1 March 1972, he was transferred to Korea for assignment to the U.S. Army Joint Security Group - Joint Security Area at Panmunjom, South Korea. He was promoted to the rank of sergeant on 2 October 1972.
4. The applicant departed Korea on 19 January 1973 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 20 January 1973 to accept employment. He had served 1 year, 9 months and 1 day of active service and his DD Form 214 issued at the time of his REFRAD shows that he served 10 months and 19 days of foreign service in Korea.
5. Army Regulation 635-5 (Separation Documents) served as the authority for the preparation of the DD Form 214. The regulation in effect at the time made no provisions for entering the receipt of HFP or imminent danger pay on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the fact that the applicant provided no evidence to show he received HFP while serving in Korea, there were no provisions for entering the receipt of HFP on the DD Form 214 at the time the applicant served in Korea.
2. Accordingly, the applicants DD Form 214 is not in error and there appears to be no injustice to correct.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no basis for granting his request.
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 Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. 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) AR20150000958
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ABCMR Record of Proceedings (cont) AR20150000958
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