PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 November 2000                  
	DOCKET NUMBER:   AR2000044547

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his retirement DD Form 214 ( Report of Transfer or Discharge) with an effective date of 30 April 1965 be corrected to show his entire amount of foreign service accrued during his active duty service.  He also requests award of the Asiatic-Pacific Ribbon (correctly known as the Asiatic-Pacific Campaign Medal) and the World War II Victory Ribbon (correctly known as the World War II Victory Medal).

3.  The applicant states, in effect, that his retirement DD Form 214 should be corrected to show that he served in Japan from November 1945 to February 1946, served in Japan from July 1946 to December 1951, served in Germany from August 1952 to August 1955, served in Korea from July 1957 to July 1958 and served in Germany from July 1962 to April 1965.  He also contends that he is entitled to the Asiatic-Pacific Campaign Medal and the World War II Victory Medal.  In support of his application, he submits a letter of explanation dated 
30 June 2000.

4.  The applicant’s military records show that he was inducted on 7 April 1945 and was honorably discharged on 21 January 1946.  He enlisted on 22 January 1946 and remained on active duty through continuous reenlistments until he retired in the rank of sergeant first class (pay grade E-6) on 30 April 1965.

5.  The applicant’s personnel service records contain five discharge documents.

6.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) covering the period 7 April 1945 through 21 January 1946 shows that the applicant served 3 months and 7 days of foreign service in the Asiatic-Pacific Theater.  

7.  The applicant’s WD AGO Form 53-55 also shows the Asiatic-Pacific Campaign Medal and the World War II Victory Medal as authorized awards.  Therefore, this portion of the applicant’s requests for these medals will not be discussed further in this Memorandum of Consideration.      

8.  The applicant’s WD AGO Form 53 (Enlisted Record and Report of Separation) covering the period 22 January 1946 through 21 January 1949 shows that the applicant served 3 years of foreign service in Japan.

9.  There are no discharge documents for the periods covering 22 January 1949 through 15 September 1952 and 16 September 1952 through 1 September 1955. However, the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Japan from 27 April 1949 through 25 November 1951, a total of 
2 years, 6 months and 29 days.  His DA Form 20 also shows that he served in Germany from 23 December 1952 to 23 August 1955, a total of 2 years and 
8 months.
  
10.  The applicant’s DD Form 214 (Report of Transfer or Discharge) covering the period 2 September 1955 through 29 August 1958 shows that the applicant served 1 year, 1 month and 5 days of foreign service.  His DA Form 20 shows that the applicant served in Korea during this timeframe.

11.  The applicant’s retirement DD Form 214 covering the period 8 September 1961 through 30 April 1965 shows that the applicant served 2 years, 6 months and 15 days of foreign service.  His DA Form 20 shows that the applicant served in Germany during this timeframe.  

12.  Army Regulation 635-5 (Personnel Separations) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the discharge document will be entered in the appropriate item (in the applicant’s case items 37 and 24c on his discharge documents).  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

13.  Special Regulation Number 615-360-1 (Enlisted Personnel) and Army Regulation 635-5 (Personnel Separations), in effect at the time, governed the preparation and distribution of the DD Form 214.  These regulations provided in pertinent part that, a DD Form 214 would not be furnished to members of the Regular Army and reserve components who reenlisted in the Regular Army at station of discharge within 24 hours of discharge.  Regulation also stated that if an individual reenlisted immediately following discharge and no DD Form 214 was furnished for the period, item 24c (Foreign and/or Sea Service) will include all foreign service not previously covered by a report of separation.

CONCLUSIONS:

1.  The applicant’s contention that his entire amount of foreign service is not shown on his retirement DD Form 214, is valid.  In accordance with the governing regulation, only foreign service performed during the period covered by the DD Form 214 will be entered on each individual discharge document.  
Therefore, there is no basis to show the applicant’s total amount of foreign service accrued during his active duty service on his retirement DD Form 214.

2.  Evidence of record shows that the applicant served 5 years, 2 months and
29 days of foreign service between April 1949 and August 1955.  Evidence of record also shows that there was no DD Form 214 furnished for that period.  Therefore, in accordance the governing regulation, the applicant is entitled to correction of item 24c (Foreign Service and/or Sea Service) on his DD Form 214 with an effective date of 29 August 1958 to show this foreign service. 

3.  The Board determined that as an exception to regulation item 32 (Remarks) on the applicant’s DD Form 214 with an effective date of 29 August 1958 will contain an explanatory note which shows his foreign service performed between 22 January 1949 and 1 September 1955.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected

a.  by showing that the individual concerned served 6 years, 4 months and 4 days of foreign service in item 24c (Foreign and/or Sea Service) on his DD Form 214 with an effective date of 29 August 1958; and

	b.  by showing the entry “Foreign service performed between 22 January 1949 and 1 September 1955 which is not shown on a discharge document:  Served in Japan from 27 April 1949 to 25 November 1951, a total of 2 years, 
6 months and 29 days; and served in Germany from 23 December 1952 to 
23 August 1955, a total of 2 years and 8 months“ in item 32 (Remarks) on this DD Form 214. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

GDP____  MHM____  PM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson____
		        CHAIRPERSON

INDEX

CASE ID	AR2000044547	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19650430	
DISCHARGE AUTHORITY	Title 10 US Code Section 3914 	
DISCHARGE REASON	Retired after 20 years service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0064	
3.	107.0066	
4.		
5.		
6.