PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 March 2002
	DOCKET NUMBER:  AR2001062278

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 the Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), issued to him upon his separation on 3 February 1964, be corrected to show all the foreign service he completed.  

3.  The applicant states, in effect, that the DD Form 214 issued to him on 
3 February 1964 does not accurately reflect the total foreign service he completed in Korea, which includes two separate tours.  The first tour was for 
16 months and was completed in 1956; the second tour was for 18 months and was completed in 1959.  In support of his application, he submits a copy of his Service Record (DA Form 24).    

4.  The applicant’s military records show that he continuously served on active duty for 6 years, 4 months, and 3 days, from 4 October 1957 through 3 February 1964, and upon his separation from this period of service he was issued a 
DD Form 214 that he authenticated with his signature, thereby verifying the information contained therein.  This document confirmed that on the date of his separation from this period of active duty he held the rank of specialist five/E-5 (SP5/E-5) and that he was serving in military occupational specialty (MOS) 131.20 (Armor Crewman).  It also verified that during this period of service he had completed a total of 3 years, 10 months, and 25 days of foreign service, which included tours in Germany and Korea. 

5.  The applicant’s Official Military Personnel File (OMPF) contained a Certification of Military Service (GSA Form 695), dated 9 March 1970, which was issued by the National Personnel Records Center (NPRC), National Archives and Records Administration (NARA), to replace a lost or destroyed DD Form 214 issued for a prior period of honorable service performed by the applicant.  This document verifies that the applicant entered active duty in the Regular Army on 12 February 1953 and that he continuously served until being honorably separated, in the rank of specialist three, on 3 October 1957.  

6.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms in item 29 (Foreign Service) that the applicant completed the following foreign service tours in the areas and for the periods indicated:  Korea - 28 December 1954 through 6 May 1956; Korea – 3 July 1958 through 19 July 1959; and Germany – from 29 March 1961 through 1 February 1964.  

7.  Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  It also stipulated that the amount of foreign service listed would reflect the foreign service performed during that specific period of active duty service covered by the DD Form 214.
8.  The separations documents regulation also specified that the inclusive dates of any service performed in Vietnam would be shown and that service performed in Indochina and Korea would be addressed with a Yes or No entry in the remarks section of the form.  This regulation provided no provisions for actually entering the dates of service completed in Korea or any other foreign service area other than Vietnam. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his separation document, dated 3 February 1964, does not accurately list his foreign service and it finds this claim lacks merit.  The evidence of record confirms that the DD Form 214, issued to the applicant on 3 February 1964, accurately documents the foreign service he completed in Germany and Korea during the period of active duty service covered by this separation document.  

2.  The Board notes that the applicant did serve in Korea, from 28 December 1954 through 6 May 1956, during a prior period of active duty Army service.  By regulation, this foreign service would have been appropriately listed in the separation document issued to the applicant for that period of service.  It is clear that the applicant was issued a GSA Form 695 to replace a lost or destroyed 
DD Form 214 that covered this period of service, however, while this form does verify his active duty service for the period, it does not provide for an entry that documents foreign service performed during this period of active duty.  

3.  Although the separation document issued to the applicant on 3 February 1964 was prepared in accordance with the applicable regulation, given the applicant’s record clearly establishes that he served in Korea from 28 December 1954 to 
6 May 1956, in the interest of equity and to ensure clarity in establishing the applicant’s entitlement to any benefits associated with this earlier period of foreign service in Korea, the Board concludes it would be appropriate to add this period of foreign service to his record at this time as an exception to policy. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show all the foreign service performed by the individual concerned during his entire active duty tenure by adding the entry “Soldier completed foreign service in Korea, from 28 December 1954 to 6 May 1956, during a prior enlistment” to item 30 (Remarks) of his DD Form 214, dated 3 February 1964, as an exception to policy; and by providing him a corrected separation document that reflects this change. 

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

BOARD VOTE:  

__RVO__   _ _JPI__  __RKS      GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  __Raymond V. O'Connor, Jr.__
		             CHAIRPERSON

INDEX

CASE ID	AR2001062278	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.