Search Decisions

Decision Text

ARMY | BCMR | CY1996 | 9605682C070209
Original file (9605682C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  Correction of his records to show that he was appointed and separated from the service as a warrant officer.  He states that on 20 January 1951, while stationed in Pusan, Korea, he was promised by his commander that he would be recommended for appointment as a warrant officer if he reenlisted.  However, although he reenlisted, the commander never recommended him for the appointment. 

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He initially enlisted in the South Carolina Army National Guard on 4 January 1948 and served until 5 January 1948 when he enlisted in the Regular Army.  He was promoted to the rank of sergeant on 29 August 1950.

On 21 January 1951, while stationed in Pusan, Korea, the applicant reenlisted for a period of 3 years.  His reenlistment contract (DD Form 4) indicates that he reenlisted for his own vacancy.  He also received a $150.00 reenlistment bonus and cashed in 55 days of accrued leave.  He departed Korea in October 1951 and was subsequently transferred to Germany. 

On 6 January 1954 he was honorably discharged in the rank of sergeant.  He had served approximately 6 years of total active service.

A review of the applicant’s records maintained by the Department of Veterans Affairs (DVA) show that the applicant, while attempting to obtain service connected disability from the DVA for Post-traumatic Stress Disorder (PTSD) in 1990, claimed that he had been promised by his commander in Korea that he would be recommended for promotion to warrant officer if he reenlisted.  He further contended that his commander deceived him and that the act by the commander further compounded the stress he had to deal with.  The applicant, after several appeals was awarded 100 percent service connected disability for PTSD on 27 July 1993.  The claims by the applicant during the DVA hearings are the only reference to the alleged promise by his commander contained in any of the available records. 

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 6 January 1954, the date of discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 6 January 1957.

The application is dated 10 February 1995 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION




		Karl F. Schneider
		Acting Director

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001895

    Original file (20120001895.txt) Auto-classification: Denied

    The applicant's evidence shows: a. in an U.S. Air Force record authority for award of the KSM based on Air Force Regulation 900-10; b. in a letter dated September 1973, that he, as a civilian, was recognized by the Republic of Korea government for his service in restoring and preserving their freedom and independence; c. in a DA Form 1577, dated 18 September 1986, that he was authorized the NDSM, KSM, and UNSM; and d. in a DA Form 1577, dated 24 December 1987, that he was authorized the UNSM...

  • ARMY | BCMR | CY2007 | 20070015986

    Original file (20070015986.TXT) Auto-classification: Approved

    The FSM served in post-war Japan between 3 September 1945 and 27 April 1952 and is entitled to award of the Army of Occupation Medal (Japan); c. The FSM served with the 7th Infantry Division as a Military Policeman from on/about 4 September 1950 to on/about 19 February 1952 and is entitled to award of the Korean Service Medal (with appropriate campaign stars), United Nations Service Medal, two Meritorious Unit Citations, and two Republic of Korea (ROK) Presidential Unit Citations; and d. The...

  • ARMY | BCMR | CY2007 | 20070013827

    Original file (20070013827.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was born on 12 May 1925; that he was single; and that he was awarded the Purple Heart for wounds received in the Republic of Korea. On 15 July 1951, the applicant was assigned for duty as a firefighter with the 8014th Army Unit. Therefore, his records should be corrected to show this award.

  • ARMY | BCMR | CY2004 | 040008910C070208

    Original file (040008910C070208.doc) Auto-classification: Denied

    Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board. The Case Management Support Division at St. Louis is requested to correct the applicant’s records to show award of the Korean Service Medal with two bronze...

  • ARMY | BCMR | CY2009 | 20090019902

    Original file (20090019902.txt) Auto-classification: Approved

    This data also shows he was evacuated to Japan in August 1950, where he received medical treatment before returning to his unit in Korea in September 1950. The applicant requests award of the Purple Heart and entry of that award on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 22 July 1950; and b. amending his DD Form 214 for the period...

  • ARMY | BCMR | CY2012 | 20120000806

    Original file (20120000806.txt) Auto-classification: Denied

    The applicant provides: * DD Forms 214 (Report of Separation from the Armed Forces of the United States) for the periods ending 5 April 1951 and 16 April 1956 * Special Orders (SO) Number 4, dated 4 January 1951 * SO Number 2, dated 2 January 1951 * Standard Form (SF) 88 (Report of Medical Examination) * Letter, dated 26 March 1954, to the Commanding General, Army Finance Center * 50th Anniversary Letter * WD AGO Form 8-33 (Clinical Record Brief) and allied documents * Department of Veterans...

  • ARMY | BCMR | CY2008 | 20080002683

    Original file (20080002683.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Korean Service Medal with four bronze service stars and in effect, the Republic of Korea Presidential Unit Citation. The applicant provides a copy of his DD Form 214 and his Certification of Military Service, dated 28 December 2007. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show the Korean Service Medal with...

  • ARMY | BCMR | CY2009 | 20090001914

    Original file (20090001914.txt) Auto-classification: Denied

    On 10 February 1953, the 5th Cavalry Regiment, 61st Field Artillery Battalion, and Battery "A," 29th AAA AW Battalion, departed from Otaru, Japan for Pusan and Koje-do, Korea to relieve the 7th Cavalry. The applicant’s DD Form 214 shows his most significant assignment was with the 7th Cavalry Regiment. If the 7th Cavalry returned to Japan by 20 February 1953, it is very likely that the applicant completed most if not all of his foreign service in Japan rather than Korea and, therefore,...

  • ARMY | BCMR | CY2008 | 20080017956

    Original file (20080017956.txt) Auto-classification: Approved

    The applicant requests his DD Form 214 (Report of Separation from the Armed Forces of the United States) reflect he was awarded a Purple Heart for wounds received during the Korean War. There is no record of his honorable service (i.e., DD Form 214) from 1947 to 30 September 1951. The applicant’s records should contain two DD Forms 214, the first one for the period 11 December 1947 through 30 September 1951, and the second one for the period 1 October 1951 through 23 January 1954.

  • ARMY | BCMR | CY2012 | 20120017094

    Original file (20120017094.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Meritorious Unit Commendation and Republic of Korea Presidential Unit Citation. His record contains an undated letter wherein he stated: * his unit, the 60th Signal Services Company, Army Security Agency (ASA), left Fort Lewis, WA, on 20 September 1950 and...