IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150013411 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150013411 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by deleting the entry in item 26 of the DD Form 214 for the period ending 24 February 1954 and adding 1 year, 2 months, and 16 days. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application in excess of the relief described above. ___________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. IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150013411 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 all of his foreign service. 2. He states he never realized that his foreign service, to include his service in Vietnam, Korea, Alaska, Fort Belvior, VA, Ft Benning, GA, and Johnson Island are not on his DD Form 214. 3. He provides copies of his DD Forms 214 for the periods ending 24 February 1954 and 30 April 1972 and a DD Form 4 (Enlistment Contract – Armed Forces of the United States). 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. A DD Form 47 (Record of Induction) shows the applicant served in the Florida Army National Guard (FLARNG) from 10 October 1949 to 3 March 1952. 3. He was inducted into the Army of the United States on 5 March 1952 and he was honorably released from active duty on 24 February 1954 and transferred to the U.S. Army Reserve (USAR). The DD Form 214 issued at that time shows in item 26 (Foreign and/or Sea Service): “1 1 22” (1 year, 1 month, and 22 days). 4. His DA Form 20 (Enlisted Qualification Record) shows he was credited with service in Korea from 6 December 1952 through 22 February 1954. This service equals 1 year, 2 months, and 16 days, which differs from the period recorded on the DD Form 214 covering this period of service. 5. Assignment Letter Order Number 307, issued by Headquarters, Florida Military District, Third Army Area, on 20 April 1954, shows the applicant was honorably discharged from the USAR with an effective date of 13 April 1954. 6. Although there is no enlistment record to show he had any active service between 24 February 1954 and the date he enlisted in the Regular Army (RA) on 14 January 1957, his DA Form 20 shows in: * item 31 (Foreign Service) - he served in Alaska from July through October 1955, a period of 4 months * item 38 (Record of Assignments) - he was serving in an active duty status on 21 May 1954, in the U.S. 7. The applicant’s records show he enlisted in the RA on 14 January 1957 and he was honorably discharged on 13 January 1963. His DD Form 214 shows in item 24c (Foreign and/or Sea Service), “0 0 0” (no foreign or sea service). 8. His DD Form 4 shows he reenlisted in the RA on 14 January 1963 for a period of 6 years. 9. His DA Form 20 shows in item 31 that he was credited with service in: * Johnson Island from 2 January through 1 April 1964, a period of 3 months * U.S. Army Europe (USAREUR), Germany from 6 May 1965 through 16 April 1968, a period of for 35 months (2 years, 11 months, and 10 days) 10. The applicant’s record shows he reenlisted in the RA on 14 January 1969. 11. His DA Form 20 shows in item 31 he was credited with service in the U.S. Army Pacific (USARPAC), Vietnam, from 22 June 1968 through 19 September 1969, a period of 1 year, 2 months, and 28 days. 12. On 2 August 1971, the applicant voluntarily extended his 14 January 1969 enlistment for 4 months. 13. On 30 April 1972, he was honorably retired. His DD Form 214 shows in: a. Item 22c (Foreign and/or Sea Service), “1 2 28” (1 year, 2 months, and 28 days) b. Item 30 (Remarks), he served in Vietnam from 22 June 1968 to 19 September 1969. * Indochina – Yes * Korea – No REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214. It stated for item 22c, enter total active service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed. 2. An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in the "Remarks" section of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea. DISCUSSION: 1. The applicant requests that his DD Forms 214 be corrected to show all his foreign service. 2. His DD Form 214 for the period: a. 5 March 1952 through 24 February 1954 shows 1 year, 1 month, and 22 days of foreign service. However, it should show 1 year, 2 months, and 16 days (Korean service). b. 14 January 1957 through 13 January 1963 shows “0 0 0” (no foreign service). c. 14 January 1969 through 30 April 1972 shows 1 year, 2 months, and 28 days of foreign service. 3. Although the applicant’s DA Form 20 shows he served in Alaska and on Johnson Island, the DD Forms 214 covering those periods are not available and that service cannot be verified at this time. If needed, the applicant may submit copies of the DD Forms 214 to the ABCMR and request a correction of his record to include his foreign service in Alaska and Johnson Island. 4. Periods of service at Fort Belvoir, VA, and Fort Benning, GA, are not considered foreign service; therefore, the regulation does not provide for adding these assignments to the applicant’s DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013411 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013411 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2