IN THE CASE OF:    

		BOARD DATE:  19 September 2018

		DOCKET NUMBER:  AR20170002484


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

												
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)	AR20170002484




ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1		IN THE CASE OF:  

		BOARD DATE:  19 September 2018

		DOCKET NUMBER:  AR20170002484 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:    x:  	  x:    	    x	DENY APPLICATION



2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:  

		BOARD DATE:  19 September 2018

		DOCKET NUMBER:  AR20170002484 


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests issuance of all medals, decorations and badges.  He also requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Okinawa from March 1964 to October 1965.

2.  The applicant states he would like his DD Form 214 to show he served overseas during the Vietnam War. 

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records.  

2.  Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems:

* DD Form 214 ending on 11 August 1966
* DA Form 20 (Enlisted Record Brief)

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 Separation – Administrative Separation Procedures and Forms) in effect at the time stated the DD Form 214 would be issued to each officer and enlisted person discharged, retired, or relieved from active duty.  For item 24c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the overseas theater where the service was performed.  

3.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

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.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 12 August 1963.

4.  His Enlisted Record Brief reflects the fact he served in the U.S. Army Pacific (USARPAC) in Okinawa from 6 April 1964 to 12 October 1965, a period of 1 year, 6 months and 6 days. 

5.  On 11 August 1964 he was released from active duty upon the completion of his required service.  He was issued a DD Form 214 containing in item 24c (Statement of Service – Foreign and/or Sea Service) the entry "USARPAC" and 1 year, 6 months, and 6 days. 

6.  The governing regulation at the time of his service required the overseas theater of operations to be identified on the DD Form 214 in item 24c.  There was no regulatory requirement to enter the specific geographic location of foreign service on the DD Form 214.  However, this Record of Proceedings will become part of his official military personnel record and will server to verify the fact that he served in Okinawa.  
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706