IN THE CASE OF:  

		BOARD DATE:  3 September 2015	  

		DOCKET NUMBER:  AR20150001790 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in the demilitarized zone (DMZ) in Korea.

2.  The applicant states, in effect:

* he served in the DMZ from May 1969 to February 1970
* he was assigned as a radar repairman with Headquarters and Headquarters Service Battery, 5th Battalion, 38th Field Artillery Regiment, 2nd Infantry Division, Eighth U.S. Army
* his unit conducted light missions along the DMZ
* he was on the DMZ daily performing his duties as a radar repairman

3.  The applicant provides:

* DD Form 214
* Imjin Scouts certificate, dated September 1969 
* DA Form 2139 (Military Pay Voucher), for the period 1 to 9 February 1970 
* table of pay codes

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's record is not available.  However, the documents he provides, to include his DD Form 214, are sufficient for the Board to review his request.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 19 June 1967.  At the time of his separation he held military occupational specialty 26B (Weapons Support Radar Repairman) and his last unit of assignment was shown as Headquarters and Headquarters Battery, 
5th Battalion, 38th Field Artillery Regiment, Eighth U.S. Army.  

4.  He was honorably released from active duty on 9 February 1970.

	a.  His DD Form 214 shows he completed 2 years, 7 months, and 21 days of net active creditable service.  Also shown in item 22c (Foreign and or Sea Service) is 1 year, 1 month, and 2 days of service in the U.S. Army Pacific Command (USARPAC).  His rank/grade was specialist five/E-5.

	b.  He was awarded or authorized:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal (1st Award)

c.  Item 30 (Remarks) is void of any entries related to dates of service on the DMZ in Korea.

5.  The applicant provides:

	a.  An Imjin Scouts certificate, dated September 1969, issued to the applicant for commendable participation in operational missions along the DMZ.

	b.  A DA Form 2139 (Military Pay Voucher) for the period 1 to 9 February 1970 which appears to contain an entry for hostile fire pay (HFP), pay code 92.

	c.  A pay code table which shows pay code 92 as being for HFP.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures for preparation of the 
DD Form 214.  

   a.  Item 22c (Foreign and or Sea Service) shows the total active duty performed outside the continental United States for the period covered by the 
DD Form 214 and last overseas theater in which service was performed, e.g. "Foreign and/or Sea Service (USARPAC)."

   b.  Item 30 is used to complete entries that are too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.  As a result of a change to the regulation in January 1970, inclusive dates for Vietnam service were required to be entered when it occurred during the period covered by the DD Form 214.  No other entries related to foreign service, or specifically in regard to service on the DMZ, were shown as being required.

7.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  

	a.  Paragraph 2-9 states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  

	b.  The ABCMR decides cases based on the evidence that is presented in the military records and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his service on the DMZ in Korea be reflected on his DD Form 214.

2.  Army Regulation 635-5 prescribed policies and procedures for completion of the DD Form 214 at the time the applicant was released from active duty.  While there was a requirement to show combat service in Vietnam, there is no mention of a requirement to enter dates of service on the DMZ.  

3.  The Board proceeds from a presumption of administrative regularity, which assumes that the manner in which his DD Form 214 was completed fully complied with regulatory requirements at the time.  While he offers proof that he was stationed at the DMZ and appears to have received hazardous duty pay, he provides no evidence an error was made by not reflecting his service on the DMZ on his DD Form 214.

4.  Given the foregoing, there is insufficient basis upon which to grant the requested relief.

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)                                         AR20150001790



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ABCMR Record of Proceedings (cont)                                         AR20150001790



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