MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 May 2000                  
	DOCKET NUMBER:   AR1999030637

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

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, correction of an unspecified DD Form 214 (Report of Transfer or Discharge) to show his dates of service in Korea from 
8 June 1960 through 13 July 1961.

APPLICANT STATES:  In effect, that his last tour in Korea is not entered on his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant completed over 20 years of service on 30 April 1976 when he retired in the rank of sergeant first class.

The applicant’s retirement DD Form 214 covers the period 30 July 1975 to
30 April 1976.

The applicant’s DD Form 214 covering the period 5 April 1960 through 4 January 1966 shows that he served 2 years, 11 months and 2 days of foreign and/or sea service. 

The applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant served his last tour in Korea from 8 June 1960 through 13 July 1961, a total of
1 year, 1 month and 5 days.  The DA Form 20 also shows that the applicant served an oversea tour in Germany from 19 October 1963 through 15 August 1965, a total of 1 year, 9 months and 26 days.  These two oversea tours total 
2 years, 11 months and 2 days.

Army Regulation 635-5 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 DD Form 214 will be entered in item 24c.  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.

The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s DD Form 214 with an effective date of 4 January 1966 shows the applicant served 2 years, 11 months and 2 days of foreign and/or sea duty.

2.  Evidence of record shows the applicant served 1 year, 1 month and 5 days during his last tour in Korea (8 June 1960 through 13 July 1961) and served
1 year, 9 months and 26 days in Germany (19 October 1963 through 15 August 1965), for a total of 2 years, 11 months and 2 days of foreign service.  

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served in Korea on or after 5 August 1964.  Therefore, in accordance with the governing regulation, the applicant’s dates of service during his last tour in Korea are properly reflected in item 24c on his DD Form 214 with an effective date of 4 January 1966.  Therefore, he is not entitled to correction of his DD Form 214 to show his dates of service in Korea.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO____  JHK_____  EWL____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030637	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19760430	
DISCHARGE AUTHORITY	AR   	
DISCHARGE REASON	Retirement	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.