BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160001142 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ____x____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160001142 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160001142 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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the city and the country of his foreign service. 2. The applicant states the locations of his service in Korea are missing. He contends he served in Pyeongtaek and Inchon, Korea. 3. The applicant provides no additional evidence in support of his request. 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 enlisted in the Regular Army on 9 April 1968. 3. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he arrived in the Republic of Korea on 23 May 1969. 4. The applicant was discharged on 3 May 1970 for the purpose of immediate reenlistment in the Regular Army. He was issued a DD Form 214 for this period of service that shows in item 22c (Foreign and/or Sea Service), the entry "USARPAC [U.S. Army Pacific] 00 11 10 [11 months and 10 days]." This entry is consistent with the cumulative service between 23 May 1969 (the date of his arrival in Korea) and the last day covered by the DD Form 214 (3 May 1970). 5. The applicant reenlisted in the Regular Army on 4 May 1970. 6. The applicant's DA Form 2-1 shows he departed the Republic of Korea on 14 December 1970. 7. The applicant was discharged on 8 March 1979. He was issued a DD Form 214 for this period of service that shows in item 19 (Indochina or Korea Service since August 5, 1964) an "X" was entered in the "YES" block and the entry "ROK [Republic of Korea] 690523-701214." REFERENCES: 1. Army Regulation 635-5 (Separation Documents), the version in effect during the applicant's first period of active service, prescribed the separation documents that would be furnished each individual who was separated from the Army, including active duty for training personnel, and established standardized procedures for the preparation and distribution of these documents. The regulation provided that in item 22c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/ or Sea Service (USAREUR) [U.S. Army Europe]." The regulation did not provide for an entry on the DD Form 214 specifying the country where the foreign service was performed. 2. Army Regulation 635-5, the version in effect at the time of the applicant's discharged, provided that in item 19, for Vietnam service, place an "X" in the "YES" block and give specific dates of service. Specific dates are not required for Korea. The regulation did not provide for an entry on the DD Form 214 specifying the city or specific geographical location within a country where the foreign service was performed. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show the city and the country of his foreign service. 2. The evidence shows the applicant arrived in the Republic of Korea on 23 May 1969 and he reenlisted on 4 May 1970. He was issued a DD Form 214 for this period of service that includes the entry "USARPAC" in item 22c, as required by the regulation in effect at the time. The regulation in effect at the time did not provide for an entry identifying the specific country where the foreign service was performed. Therefore, it appears there are no errors or omissions pertaining to the foreign service entries on his DD Form 214 for the period ending 3 May 1970. 3. The applicant was discharged on 8 March 1979 and was issued a second DD Form 214 that shows in item 19 an "X" was entered in the "YES" block and the entry "ROK 690523-701214." The regulation in effect at the time did not provide for an entry on the DD Form 214 specifying the city and/or the specific geographical location within a country where the foreign service was performed. Therefore, it appears there are no errors or omissions pertaining to the foreign service entries on his DD Form 214 for the period ending 8 March 1979. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001142 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001142 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2