BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003820
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 all of his duty assignments be included on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states that all of his overseas duty assignments are not shown on his DD Form 214. He was stationed in Southeast Asia from March July 1963 with assignment in Thailand and Camp Cobra (Vietnam).
3. The applicant provides copies of three newspaper articles and photos.
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 served on active duty from 19 October 1960 through 22 July 1963.
3. His DA Form 20 (Enlisted Qualification Record) shows his overseas duty assignment as with Company E, 1st Battalion, 27th Infantry Regiment from 4 March 1961 through 23 July 1963. The only indication of where this unit was located is that it was at "APO 25." Historical APO records show APO 25 was used in Japan, Korea, and Hawaii. These records do not show the location of APO 25 during the applicant's service.
4. The DD Form 214 at item 24b (Foreign and/or Sea Service) shows 2 years, 4 months, and 16 days of foreign service in "USARPAC" (U.S. Army Pacific).
5. The newspaper articles show the 27th Infantry Regiment was assigned to duty in Thailand and Vietnam. The articles as provided are not dated.
6. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. As then in effect, a Soldier's period of foreign service was entered at item 24c with the notation of the last theater of operations or command in which the service was rendered being included on the item 24c line.
DISCUSSION AND CONCLUSIONS:
1. His entire period of foreign service is shown to have been under USARPAC. The applicant's DD Form 214 was properly completed in accordance with regulations in effect at the time.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20150003820
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ABCMR Record of Proceedings (cont) AR20150003820
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