RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060009970 


	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.


X
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his report of separation (DD Form 214) be corrected to reflect that he did not serve in Korea.  

2.  The applicant states that he did not serve in Korea; however, his DD Form 214 indicates that he did.  He goes on to state that he served in Taiwan and Okinawa and Vietnam but never in Korea.  He also states that he recognized the error at the time and was told that he would have to be held for 3 additional months to get the error corrected so he left it as it was.  

3.  The applicant provides no additional documents with his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 19 November 1973.  The application submitted in this case is dated 3 July 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in Wayne, Michigan on 30 October 1970 for a period of 3 years and training as a Radio Relay Carrier and Attendant.  He completed his basic combat training at Fort Knox, Kentucky and his advanced individual training (AIT) at Fort Gordon, Georgia.  Upon completion of his AIT he was transferred to Taiwan on 24 June 1971.

4.   He departed Taiwan on 20 February 1972 and was transferred to Okinawa on the same day.  He remained in Okinawa until 18 September 1972, when he was transferred to Fort Huachuca, Arizona.  He remained at Fort Huachuca until he was honorably released from active duty (REFRAD) on 19 November 1973, due to the expiration of his term of service (ETS).

5.  His DD Form 214 issued at the time of his REFRAD indicates in the remarks section that he performed foreign service in Korea, as indicated by a “yes” entry beside “Korea”, which is a reference to item #22c.    
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 incorrectly reflects that he performed foreign service in Korea has been noted and found to have merit.  The applicant served in Taiwan and Okinawa for approximately 7 months in each location and he never served in Korea during any period of his service.  

2.  Accordingly, his DD Form 214 should be corrected in the Remarks Section to reflect a “No” entry beside the Korea entry, which references item #22c.  

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 November 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 November 1976.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

_X  ___X__  ___X_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing a “NO” entry beside the Korea entry in the Remarks Section that references item #22c.



X_______
          CHAIRPERSON

INDEX

CASE ID
AR20060009970
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.110.0000
189/corr 214
2.

3.

4.

5.

6.