IN THE CASE OF: BOARD DATE: 9 February 2012 DOCKET NUMBER: AR20110015867 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 item 37 (Remarks) on his DD Form 214 (Report of Separation from Active Duty) be corrected to show "Korea" instead of "Germany." 2. The applicant states, in effect, his DD Form 214 is in error. 3. The applicant provides an extract of his DA Form 2-1 (Personnel Qualification Record). 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 U.S. Army Reserve under the Delayed Entry Program on 6 February 1975. On 17 March 1975, he enlisted in the Regular Army. He completed training and was awarded military occupational specialty 67Y (Attack Helicopter Repairer). The highest rank/grade he attained while on active duty was specialist four/E-4. 3. The applicant's DA 2-1 shows the following: a. Item 5 (Oversea Service) shows he served in the Republic of Korea during the period 4 October 1975 through 2 November 1976. b. Item 35 (Record of Assignments) shows he was assigned to the 117th Aviation Company while in the Republic of Korea. 4. Item 18f (Foreign and/or Sea Service This Period) of the applicant's DD Form 214 shows 1 year and 1 month of Foreign Service. 5. The record does not contain any documents showing he was assigned to a unit or performed temporary duty in Germany. 6. The applicant was honorably released from active duty on 16 March 1978. He completed 3 years, 1 month, and 11 days of active military service. 7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The separation document is to provide the individual with a complete and accurate documentary evidence of their military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 was carefully considered and determined to have merit. 2. The applicant's DA Form 2-1 and documents in his military records show he was assigned to the 117 Aviation Company while assigned in the Republic of Korea. There is no evidence showing the applicant was assigned to a unit or performed temporary duty in Germany. 3. Based on the foregoing, the applicant is entitled to correction of his DD Form 214 to show his last overseas service was in Korea. BOARD VOTE: ________ ________ ________ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting "Germany" from Item 37 (Remarks) of his DD Form 214 and replacing it with "Korea." _______ _ _______ ___ 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) AR20110015867 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110015867 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1