ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  9 July 2019

	DOCKET NUMBER:  AR20180016590


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge), with effective date 19 January 1960, to show 
his foreign service in Korea was during a period of war. 


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, he submitted an application to the Department of 
Veteran's Affairs (VA) for veteran's pension benefits, on 23 July 2018, and he then 
received a letter that denied him benefits, on 17 October 2018.  He contends the 
decision was based on him being 31 days short from two years of active duty service 
and his service was not during a period of war.  Additionally, he is not sure why he was 
discharged early since he did not request an early discharge and he was not informed 
that an early discharge would disqualify him for veteran's benefits.  He request the 
following to be considered:

*	his Korea service while assigned to the 9th Calvary (CAV) which was located 
west of Liberty Bridge between the Demilitarized Zone (DMZ) and the Imjin River
*	his unit standing order was to supply one platoon each night for a patrol of the 
DMZ due to the Korean War not being officially ended 
*	technically he was discharged during a period of war

3.  On 25 February 1958, the applicant was inducted into the Army of the United States.  

4.  The applicant's record is void of evidence that shows he served during a period of 
war.  His DA Form 24 shows the following:

*	he was assigned to Alpha Troop, 1st Reconnaissance Squadron, 9th Cavalry, 
Korea from 3 September to 20 August 1959
*	section 7 (Combat Record) is void of an entry

5.  On 3 January 1960, the applicant requested an early release from active duty to 
attend Lasalle College.  The appropriate level authority approved his request on 
8 January 1960. 

6.  On 19 January 1960, the applicant was released from active duty and transferred to 
the United States Army Reserve.  His DD Form 214 shows:

*	item 24a(1) (Net Service This Period – 1 year(s), 10 month(s), and 25 day(s)
*	item 32 (Remarks) – "Item 11c: To enter or return to college, university or 
equivalent educational institution." 

7.  Army Regulation 635-5 (Personnel Separations – Separation Documents) provides 
guidance for preparation of the DD Form 214 and states it is a synopsis of the Soldier's 
most recent period of continuous active duty.  It provides a brief, clear- cut record of 
active Army service at the time of release from active duty, retirement or discharge.

BOARD DISCUSSION: 

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the dates of applicant’s period of 
service, the reason for his separation and the Wartime Period of the Korean War as 
defined by the VA.  The Board determined that the applicant’s period of service was 
after the recognized end of the Korean War and there is insufficient evidence to support 
the applicant’s requested relief; there is no error or injustice.  

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: :X	:X	:X	DENY APPLICATION


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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Title 38, United States Code (USC) 1110 and sections 1131, in pertinent part, 
permits the Department of Veterans Affairs (VA) to award compensation for disabilities 
which were incurred in or aggravated by active military service and outlines the role of 
Veterans' Benefits.  The purpose of the VA is to administer the laws providing benefits 
and other services to veterans and the dependents and the beneficiaries of veterans.  
The VA provides a wide variety of benefits for retired or separated U.S. Armed Forces 
personnel, their dependents, and survivors.

3.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation 
Requirements, and Enforcement Procedures) prescribes policies and procedures 
governing the various types of service obligations and participation requirements.  
Paragraph 3-7 of this regulation provides that for the purpose of satisfying the active 
duty requirement of a statutory or contractual obligation, officers and enlisted Soldiers 
are credited with completing 2, 3, 4, or 5 years of active duty when they serve to within 
90 days of the 2, 3, 4, or 5 year period. 

4.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes 
the separation documents prepared for soldiers upon retirement, discharge, or release 
from active military service or control of the Army.  It establishes standardized policy for 
the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is 
a synopsis of the soldier's most recent period of continuous active duty.  It provides a 
brief, clear-cut record of active Army service at the time of release from active duty, 
retirement or discharge.

5.  The Veterans Benefits Administration website 
(https://www.benefits.va.gov/pension/wartimeperiod.asp) contains a listing of "Eligible 
Wartime Periods," which shows the eligible period for the "Korean Conflict" was from 
27 June 1953 to 31 January 1955."

ABCMR Record of Proceedings (cont)	 AR20180016590
	
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