IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001937 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 IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001937 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his military records to show he began serving in Korea in September 1950. 2. The applicant states he landed in Korea in September 1950. His records are incorrect, due to either human error, or the fire that destroyed records years ago. He discovered his records were incorrect after he received correspondence with an incorrect name. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * 519th Military Police (MP) Battalion Information Sheet * Certificate * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 31 July 1966 * Official Statement of Awards * Personal Military Service Information Sheet 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * WD AGO Form 53 (Enlisted Record and Report of Separation) for the period ending on 15 January 1949 * two WD AGO Forms 24A (Service Record) * DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending on 25 July 1950 * two DD Forms 214 for the periods ending on 25 June 1961 and 31 July 1966 * Official Statement of Awards * DD Form 215 (Correction of DD Form 214) REFERENCES: 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. 2. Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), dated 12 June 1956, and in effect at the time, states, in item 24c (Foreign and/or Sea Service), enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214. DISCUSSION: 1. While 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 (RA) on 16 January 1946, for 3 years. He held military occupational specialty (MOS) 677 (MP). He was honorably discharged on 15 January 1949, at the expiration of his term of service. His WD AGO Form 53 shows he completed 3 years of continental service and no foreign service. 3. He reenlisted in the RA on 17 January 1949 and held MOS 0383 (MP). He was honorably discharged on 25 July 1950, for immediate reenlistment. His DD Form 214 shows he completed 1 year, 6 months, and 9 days of net service and no foreign service. 4. He reenlisted in the RA on 26 July 1950 and he held MOS 951.6668 (MP). 5. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 17 October 1950 to 1 April 1952, a period of 1 year, 5 months, and 16 days. 6. He provides copies of the following: a. A 519th MP Battalion Information Sheet, which stated the 519th was the first MP Battalion to land in Korea on 23 July 1950. He indicated on the sheet that he landed and joined Company C, 519th MP Battalion, in September 1950. In November 1951, he was assigned as a driver and drove a commissioned officer to the front lines and reported the conditions on the main supply routes every day for 6 months. He returned to the U.S. on 1 April 1952. b. A Certificate, issued by Headquarters, 519th MP Battalion, which certified he was entitled to Class "A" Time from 29 November 1951 to 31 January 1952. 7. He was honorably discharged on 25 June 1961, for immediate reenlistment. His DD Form 214 shows in: * Item 24b (Total Active Service) – 15 years, 5 months, and 9 days * Item 24c (Foreign And/Or Sea Service) – zero credit 8. He reenlisted in the RA on 25 June 1961 and held MOS 95B (MP). 9. Item 31 of his DA Form 20 shows he served in Germany from 11 November 1962 to 23 October 1965, period of 2 years, 11 months, and 13 days. 10. He was honorably retired on 31 July 1966. His DD Form 214 shows in: * Item 24a(1) – 5 years, 1 month, and 5 days * Item 24a((2) – 15 years, 5 months, and 9 days * Item 24b – 20 years, 6 months, and 14 days * Item 24c – 2 years, 11 months, and 13 days * Item 26 – National Defense Service Medal with Oak Leaf Cluster and Army Good Conduct Medal (5th Award) 11. He provides a copy of a Personal Military Service Information Sheet, which stated he participated in the Second Korean Winter (28 November 1951 to 30 April 1952) and Third Korean Winter (1 December 1952 to 30 April 1953) campaigns. 12. He served in Korea from 17 October 1950 to 1 April 1952, a period of 1 year, 5 months, and 16 days. His 1961 DD Form 214 does not show any foreign service credit in item 24c. The version of Army Regulation 635-5, in effect at the time required that all the foreign service occurring outside the continental United States during the period covered by the DD Form 214 be entered in item 24c. 13. There is no evidence showing he arrived in Korea prior to 17 October 1950. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001937 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2