IN THE CASE OF: BOARD DATE: 25 September 2014 DOCKET NUMBER: AR20140003058 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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected by showing that he served with 2nd Platoon, D Battery, 15th Anti-Aircraft Artillery, 7th Infantry Division. 2. The applicant states that he served with the unit and it should be stated on his DD Form 214. 3. The applicant provides a copy of his DD Form 214 and Discharge Certificate. 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's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 11 January 1949. He successfully completed his training and served 9 months and 20 days of foreign service. 4. On 21 January 1952, he was honorably discharged at Indiantown Gap Military Reservation, Pennsylvania. He had served 3 years and 5 days of active service and was awarded the Korean Service Medal with two bronze service stars. His DD Form 214 shows his most significant assignment (i.e., his last duty assignment) as Company A, 11th Infantry Regiment, 5th Infantry Division, Indiantown Gap Military Reservation, Pennsylvania. 5. A review of the available evidence provides no evidence of the applicant serving with 2nd Platoon, D Battery, 15th Anti-Aircraft Artillery Battalion, 7th Infantry Division. 6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that only one unit, the most significant unit of assignment would be entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. While the sincerity of the applicant’s claim that he served with the 2nd Platoon, D Battery, 15th Anti-Aircraft Artillery Battalion, 7th Infantry Division is not in doubt, he has failed to provide any evidence to substantiate his claim or that it was his last duty assignment. 2. Therefore, in the absence of such evidence, there appears to be no basis to remove the current significant unit of assignment and replace it with the unit he desires. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x___ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ _x______ ___ CHAIRPERSON 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) AR20140003058 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003058 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1