IN THE CASE OF: BOARD DATE: 7 January 2014 DOCKET NUMBER: AR20130007826 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service. 2. The applicant states he did not receive his military record that shows he served overseas. He needs this information shown on his DD Form 214 for proof for Department of Veterans Affairs (VA) assistance. They took the southern route to the State of Washington to board a ship to Okinawa. 3. The applicant provides two letters. 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 was inducted into the Army on 12 November 1958 and immediately enlisted in the Regular Army on 10 August 1959. He held military occupational specialty 111.07 (Light Weapons Infantryman). 3. He served in Okinawa from 24 June 1960 to 8 May 1962 while assigned to the 2nd Airborne Battle Group, 503rd Infantry Combat Team. 4. He was honorably released from active duty on 28 May 1962 and he was transferred to the U.S. Army Reserve. 5. Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued for this period of service shows he served in the U.S. Army Pacific (USARPAC) for 1 year, 11 months, and 19 days. Item 32 (Remarks) of this DD Form 214 does not contain an entry that shows he served in a foreign country. 6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated in item 24c enter the total active duty outside the continental United States (OCONUS) for the period covered by the DD Form 214 and the last oversea theater service was performed in. There were no provisions to enter the specific countries a Soldier served in OCONUS on the DD Form 214. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant served in Okinawa from 24 June 1960 to 8 May 1962 and that the total time of his foreign service is properly shown in item 24c of his DD Form 214 for the period ending 28 May 1962. However, there are no provisions in the governing regulation to list the specific countries a Soldier served in during his service OCONUS. Therefore, he is not entitled to 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) AR20130007826 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130007826 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1