BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007018 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration I BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007018 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 (Armed Forces of the United States Report of Transfer or Discharge) to show in: a. item 15 (Selective Service Local Board Number, City, County, and State), the city location of his Selective Service Local Board as Ebensburg instead of Evinsburg; b. item 28 (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed), completion of his High School General Education; and c. in item 32 (Remarks), his foreign service in Korea. 2. The applicant states, in effect, his DD Form 214 shows an incorrect location of his Selective Service Local Board and does not show he completed his general educational development or his dates of service in Korea. 3. The applicant provides: * Military Test Report from the U.S. Armed Forces Institute, Japan * DD Form 214 * U.S. Forces Institute, Japan, Certificate, dated 27 January 1961 * DD Form 4 (Enlistment Record – Armed Forces of the United States) * DA Form 24 (Service 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 Regular Army on 22 December 1958. 3. Item 26d (Selective Service Board Number and Address) of his DD Form 4 shows the entry "LB#38 [Local Board Number 38], Emmittsburg, Penna [Pennsylvania]." 4. His records contain a Department of the Army Certificate of Training showing he successfully completed Fire Prevention training on 7 December 1959. 5. He provided copies of his Military Test Report from the U.S. Armed Forces Institute, Japan, and certificate showing he successfully completed the U.S. Armed Forces Institute High School Level Tests of General Education on 27 January 1961. 6. Section 5 (Service outside Continental United States) of his DA Form 24 shows he arrived at Kimpo Air Base, Korea, on 29 April 1960 and he departed Inchon, Korea, on 23 May 1961. 7. On 6 March 1962, he was honorably released from active duty. He completed 3 years, 2 months, and 15 days of credible active military service. His DD Form 214 shows in: a. item 15, Local Board Number 38, Evinsburg (Cambria), Pennsylvania; b. item 24c (Foreign and/or Sea Service), 1 year, 1 month, and 14 days of foreign service; c. item 28, the entry "NONE"; and d. item 32, no entry for foreign service in Korea. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. a. The specific instructions for completing the DD Form 214 stated for: (1) item 15, in all cases in which the Selective Service number is recorded in item 14 (Selective Service Number), enter the Selective Service Local Board Number, and the city, county, and state in which located; (2) item 24c, enter the total active duty service performed outside the continental limits of the United States for the period covered on the DD Form 214; (3) item 28, enter service schools, including dates and major courses which were successfully completed. This entry also includes military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared; and (4) item 32, this section will be used to complete entries too long for their respective blocks. There were no provisions for listing the foreign service location in the remarks block at the applicant's time of service. b. Later versions of this regulation stated to indicate Indochina and Korea service performed on or after 5 August 1964 in the remarks block by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam – 25 Apr 70 through 28 May 71, Indochina – yes, Korea – no." DISCUSSION: 1. The applicant's DD Form 4 shows the Selective Service Local Board was located in Emmitsburg, Pennsylvania, at the time of his enlistment, not Ebensburg, Pennsylvania, as he requests. However, his DD Form 214 incorrectly shows the location of the board as Evinsburg, Pennsylvania. 2. He completed Fire Prevention training on 7 December 1959. This training is not listed on his DD Form 214. 3. His records show he successfully completed High School Level General Educational Development on 27 January 1961 through the U.S. Armed Forces Institute, Japan. This training is not listed on his DD Form 214. 4. He served in Korea during the period 29 April 1960 to 23 May 1961. While his service in Korea is included in his total foreign service credit shown in item 22c of his DD Form 214, the location and inclusive dates of service are not entered in the remarks block. BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007018 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 amending his DD Form 214 as follows: a. item 15, deleting the current entry and replacing it with "Emmitsburg, Pennsylvania"; b. item 28, entering the following training: * Fire Prevention on 7 December 1959 * High School Level General Educational Development on 27 January 1961 c. item 32, adding the entry "Vietnam – No, Indochina – No, Korea – 29 April 1960 through 23 May 1961." 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 showing Ebsenburg as the city location for the Selective Service Local Board on his DD Form 214. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007018 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007018 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2