IN THE CASE OF:  	  

		BOARD DATE:  28 October 2014	  

		DOCKET NUMBER:  AR20140005506 


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 his foreign service be added to item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 February 1961.

2.  The applicant states he served in the Ryukyu Islands from 18 September to 23 December 1959.

3.  The applicant provides:

* a letter, dated 15 April 2013, from the National Personnel Records Center, St. Louis, MO 
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)
* DD Form 214
* Record of discharge from U.S. Army Reserve Control Group (Standby)

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.  On 11 May 1959, he was inducted into the Army of the United States.  

3.  Item 29 (Foreign Service) of his DA Form 20 shows he was assigned to U.S. Army Ryukyu Islands from 18 September to 23 December 1959, 3 months and 6 days.

4.  On 10 February 1961, he was released from active duty.  Item 24c of his 
DD Form 214 does not show any foreign and/or sea service.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 be entered in 
item 24c.  

DISCUSSION AND CONCLUSIONS:

His DA Form 20 clearly shows he served 3 months and 6 days in the Ryukyu Islands.  Therefore, item 24c should be corrected to read "0 3 6."

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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 

amending item 24c of his DD Form 214 with an effective date of 10 February 1961 by deleting the entry "0 0 0" and adding the entry "0 3 6."




      ___________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)                                         AR20140005506



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ABCMR Record of Proceedings (cont)                                         AR20140005506



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