IN THE CASE OF: 

		BOARD DATE: 13 December 2023

		DOCKET NUMBER: AR20230005319


APPLICANT REQUESTS: 

*	correction of his DD Form 214, Armed Forces of the United States-Report of 
Transfer of Discharge, to show his foreign service in Japan
*	video/telephone appearance before the Board

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149, Application for Correction of Military Record
*	Unit Certificate

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) 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 deployed to Japan with the 187th Regiment and 
later transferred to Fort Bragg, NC. His foreign service in Japan is not listed on his 
DD Form 214. His was informed that his record was destroyed in a fire, so he does not 
have documentation.

3.  The applicant’s complete military records are not available for review. A partially 
reconstructed record and the supporting documents provided by the applicant are 
sufficient for the Board to provide a decision in this case.

4.  The record shows the applicant enlisted in the Regular Army on 6 November 1953.

5.  His record contains the following documents:

	a.  A DA Form 24, Service Record, for the period 6 November 1953 to 5 November 
1956 which shows in Section 5, Service Outside Continental United States, that he 
arrived in Japan on 18 January 1955 and departed the country on 13 July 1955.
	b.  A DA Form 20, Enlisted Qualification Record, which shows in Item 29, Foreign 
Service, that the applicant completed foreign service from 5 January 1955 to 15 July 
1955 (6 months and 10 days) in Army Forces-Far East Command.

6.  The applicant was honorably released from active duty on 5 November 1956. His 
DD Form 214 shows:

*	Item 24c, Foreign and/or Sea Service – 6 months, and 10 days
*	Item 26, Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded or Authorized – no foreign service awards

7.  The applicant provides what appears to be a certificate which contains the text 
“187th Airborne RCT, Angels from Hell, Japan.”

8.  Regulatory guidance, in effect at the time, did not have a specific provision that 
required the entry of an overseas/deployment location on the DD Form 214. However, 
subsequent versions of this regulation allowed for the entry of the overseas theater of 
operations in the “Foreign and/or Sea Service” block; and the overseas location and 
tour length in the “Remarks” block.

9.  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. Applicants do not have a right to a hearing before the 
ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice 
requires. 


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition and available military records, the 
Board determined there was sufficient evidence from his DA Form 24, Service Record, 
for the period 6 November 1953 to 5 November 1956 which shows in Section 5, Service 
Outside Continental United States, that the applicant arrived in Japan on 18 January 
1955 and departed the country on 13 July 1955.  The Board agreed correction to his 
record is warranted to show his foreign service in Japan. Therefore, the Board granted 
relief.

2.  The applicant’s request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

xx	xx	xx	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a
recommendation for 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 for the period ending 5 November 1956 to show in: Item 32 (Remarks) 
SERVICE IN JAPAN FROM 18 January 1955 THROUGH 13 July 1955.


	 
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.


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 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 (AR) 635-5, Personnel Separations-Administrative Separation 
Procedures and Forms, in effect at the time, did not have a specific provision for the 
entry of an overseas location on the DD Form 214. However, subsequent versions of 
this regulation allowed for the entry of the overseas theater of operations in the “Foreign 
and/or Sea Service” block; and the overseas location and tour length in the “Remarks” 
block.

3.  AR 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.

	a.  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.

	b.  Applicants do not have a right to a formal hearing before the ABCMR. The 
Director or the ABCMR may grant a formal hearing whenever justice requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230005319


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1