BOARD DATE: 25 July 2017 DOCKET NUMBER: AR20160002912 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 BOARD DATE: 25 July 2017 DOCKET NUMBER: AR20160002912 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in item 24c of his DD Form 214 for the period ending 24 June 1965 and replacing it with the entry "1  00  10." 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 that pertains to correcting his DD Form 214 for the period ending 30 July 1975 to show service in Yongsan, Korea, from 31 July 1970 to August 1971. _____________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: 25 July 2017 DOCKET NUMBER: AR20160002912 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 total period of foreign service he served in Korea. 2. The applicant states his service with Headquarters Command, Eighth U.S. Army, Yongsan, Korea, should be corrected to reflect the actual time spent there from 31 July 1970 to August 1971. He reenlisted for 1 more year for his present duty assignment during that period. 3. The applicant provides his DD Form 4 (Enlistment Contract – Armed Forces of the United States) for the period beginning 30 July 1975 and his DD Form 214 for the period ending 30 July 1975. 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 basis to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 25 June 1962. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 19 May 1963 to 28 May 1964, a period of 1 year and 10 days. 3. He was honorably released from active duty on 24 June 1965. His DD Form 214 for this period shows he completed 3 years of active service. Item 24c (Foreign and/or Sea Service) shows he completed 1 month and 18 days of foreign service. 4. He again enlisted in the Regular Army on 10 April 1967. He was honorably discharged on 19 December 1967 for the purpose of immediate reenlistment. His DD Form 214 for this period does not reflect any foreign service. 5. He reenlisted on 20 December 1967. He was assigned to Germany on or about 29 July 1968. While serving in Germany, he was honorably discharged on 28 January 1971 for the purpose of immediate reenlistment. His DD Form 214 for this period: * credited him with 3 years, 1 month, and 9 days of net active service * credited him with 2 years and 6 months of foreign service 6. He reenlisted on 29 January 1971. His DA Form 20 indicates he continued his foreign service in Germany through 29 June 1971, for a total foreign service period of 2 years, 11 months, and 1 day. 7. He transferred to Fort Knox, KY, on 30 June 1971 and to Fort Carson, CO, around November 1973. 8. He was assigned to Korea again on or about 18 August 1974. While serving in Korea, he was honorably discharged on 30 July 1975 for the purpose of immediate reenlistment. His DD Form 214 for this period of service: * credited him with 4 years, 6 months, and 21 days of active service * credited him with 1 year, 4 months, and 13 days of foreign service (consisting of the portion foreign service in Germany from the date of reenlistment to the date of tour completion, as well as the total foreign service in Korea) 9. He reenlisted on 31 July 1975 and again on 5 October 1979. He served in Belgium from July 1978 to July 1980 and in Germany from January 1982 to April 1984. He retired on 31 July 1985. His retirement DD Form 214: * credited him with 10 years of active service during this period * credited him with 11 years, 2 months, and 23 days of prior active service * credited him with 4 years, 3 months, and 16 days of foreign service REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Multiple versions of this regulation were published over the years. In all versions, the DD Form 214 recorded the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214. DISCUSSION: 1. The applicant's records confirm he served in Korea from 19 May 1963 to 28 May 1964, a foreign service period of 1 year and 10 days. His DD Form 214 for the period 25 June 1962 to 24 June 1965 incorrectly credited him with 1 month and 18 days of foreign service. 2. The applicant's records also confirm he was stationed at Fort Knox, KY, from around September 1971 (after he left Germany in June 1971) to around January 1973 when he was reassigned to Fort Carson, CO. His records do not show he served in Korea from 31 July 1970 to August 1971 as he contends. 3. The applicant's records also confirm he served in Korea from 18 August 1974 to 10 September 1975. His DD Form 214 for the period 29 January 1971 through 30 July 1975 credited him with this foreign service, as well as the portion of the foreign service in Germany during the period covered by this DD Form 214. 4. The applicant's foreign service in Korea is correctly captured in the corresponding DD Form 214 with the exception of his DD Form 214 for the period ending 24 June 1965 as noted in paragraph 1. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002912 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002912 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2