RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 MAY 2005
      DOCKET NUMBER:  AR20040004981


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Margaret Thompson             |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effective, that he be issued a Department of
Defense Form 214 (Report of Separation from the Armed Forces of the United
States) for his initial period of active service from 1 March 1950 through
16 December 1951.  He asks that the separation document reflect his service
as an infantryman and that he was assigned to A Company, 17th Combat
Regiment, 7th Division.

2.  The applicant also requests that his 1955 separation document be
corrected to show that his blood type is “B+” and not “B,” that his period
of service was
1 year, 9 months, and 15 days vice 1 year, 7 months, and 17 days, that he
served 11 months and 13 days in Korea, and that he is entitled to the
Combat Infantryman Badge, the Purple Heart, the “Escaped Prisoner of War
Medal,” the Korean Service Medal with two bronze campaign stars, the UN
(United Nations) Service Medal, and the National Defense Medal.

3.  The applicant states that he, his brother, and another Soldier named
“John” took basic and “pre-invasion mountain training” together in Japan,
and that he earned the same awards that John earned.  He states that he and
John fought side by side “during our Korean War Combat.”

4.  The applicant states that the transport ship he was on arrived “off the
Port of Pusan Korean” on 15 September 1950 and they were “off-loaded…late
September 1950” and “went directly into battle from our ship.”  He states
they were “combat replacements” who received no unit indoctrination and
that is the reason he was “wounded in the knee on the first night of the
first day of battle.”

5.  The applicant states after his unit pushed the North Korean troops back
over the 38th Parallel, his unit was ordered to return to Pusan to be re-
equipped in order to make a landing on the Manchurian Boarder.  After
finding indications that the Chinese were preparing to enter the war, he
was “captured following a North Korean ambush of the jeep that [he] was
riding in as shotgun.”  He states that he was held captive and escaped
early on a “very cold and early November 1950 morning” after his guard
decided to sleep-in after a late night “of combat equipment preparations.”


6.  The applicant provides statements from his brother and three other
individuals who claim to have served with the applicant in Korea.  Three of
those individuals, including the applicant’s brother, provided copies of
their separation documents.  The applicant provides a copy of his
Certification of Military Service which documents his military service
between 1 March 1950 and 16 December 1952, and a copy of his 1955 discharge
document.  He also submits several documents involving correspondence with
the Department of Veterans Affairs regarding his attempt to secure
disability compensation from that agency.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 April 1955.  The application submitted in this case is
dated
16 July 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  Information available to the Board indicates that the applicant entered
active duty on 1 March 1950.  On 16 December 1952, after completing 2
years, 9 months, and 16 days of active duty, he was discharged for the
purpose of immediate reenlistment at Indiantown Gap, Pennsylvania.

5.  Army Regulation 635-5, in effect at the time, provided that the DD Form
214 would not be prepared for enlisted members of the Regular Army who
immediately reenlisted at station of discharge within 24 hours of
discharge.  However, between March 1993 and June 2004, in response to the
applicant’s request, five Certification of Military Service Forms (National
Archive Form 13038) were issued to him to document his initial period of
military service.  The Certification of Military Service is issued in the
absence of a copy of the actual Report of Separation, or its equivalent,
and the document serves as verification of military service and may be used
for any official purpose.



6.  On 4 April 1955, at Fort Monroe, Virginia, the applicant was discharged
under honorable conditions in the rank of Private.  His separation
document, issued in conjunction with his 1955 separation, indicates that he
had 244 days of lost time during his current enlistment and that as such,
his “service completed for pay purposes this period” only equaled 1 year, 7
months, and 17 days of service.  His 8 months and 1 day of lost time would
not have been creditable for pay and would have been subtracted from his
total period of service between his
17 December 1952 reenlistment date and his 4 April 1955 discharge date.  It
is unclear why the applicant believes that his period of service should be
1 year, 9 months, and 15 days.  His 2 years, 9 months, and 16 days of prior
active service from his initial period of active duty between 1 March 1950
and 16 December 1952 is appropriately recorded in item 23 (other service
completed for pay purposes) on the 1955 separation document.

7.  The 1955 separation document does reflect entitlement to the National
Defense Service Medal, but does not reflect any decorations associated with
service in Korea and does not reflect any foreign and/or sea service.  His
military specialty at the time of separation was recorded as 1766 (Military
Police Supervisor).  His blood type is recorded as “B” in the remarks
sections of the document.  The applicant authenticated the accuracy of the
information on the separation document by his signature on the document.

8.  In an October 2002 statement, the applicant’s brother indicated that he
and the applicant were placed in the same combat unit and that he could
confirm that the applicant is a veteran of the “Korean Conflict.”  He
states that he cannot remember the dates, but does remember that the “first
night that we [were] there we got hit by the North Koreans and that morning
our aircraft dropped W.P. on the hill next to us.”  He stated that the
airflow changed and brought it into our positions and “that night my
brother [the applicant] got peppered in the left knee with shrapnel.”  He
states that the applicant was taken to the rear hospital where he developed
laryngitis and rejoined the unit after approximately 3 weeks.  He states he
(the author) then had some problems and was taken back to Japan where he
lost contact with his brother.  He states “when we were reunited he told me
of his experience as a POW [prisoner of war] and his frozen feet.”

9.  The separation document from the applicant’s brother does indicate that
he and the applicant entered active duty on the same date (1 March 1950).
His separation document also shows 1 year and 6 months of foreign and/or
sea service, that he was awarded the Republic of Korea Presidential Unit
Citation, the Combat Infantryman Badge, and the Korean Service Medal.  He
was discharged under other than honorable conditions for unfitness, at Fort
Campbell, Kentucky, in June 1954.  His separation document indicates he had
more than 500 days of lost time.

10.  The statement from “John” is undated but indicates that he had “first
hand knowledge” of the applicant’s military service in Korea from “1950 to
1951.”  He states that he and the applicant went through Army training
together, were shipped “over to Korea in 1950 on the same ship” and were in
A Company, 17th Regiment, 7th Division.  He states that the applicant and
his brother were called “the twins” by members of A Company.

11.  “John’s” separation document indicates that he entered active duty at
Fort Leonard Wood, Missouri on 16 October 1950.  He served 11 months and 13
days overseas and was awarded the Combat Infantryman Badge, the Korean
Service Medal, the United Nations Service Medal, and a Purple Heart for
wounds sustained on 29 August 1951.  He was honorably discharged at Camp
McCoy, Wisconsin on 18 July 1952.  His military specialty on his separation
document was recorded as 3060 (cook).

12.  A 13 July 2004 statement from another individual (Billy) states that
he (Billy) has known the applicant and his brother “since September 1950”
and first met the applicant at a replacement center in Japan while waiting
to be transported to Korea as replacements.  He states they sailed to Korea
together and that after being taken off and loaded in train cars for the
fighting front, he lost track of the applicant and his brothers.  He states
that the next time he saw the applicant he “was being R&RED [rest and
relaxation] back to Sasbo, Japan.”  He states he met the applicant again,
in approximately September 1951, when they were both assigned to a military
police unit at Indiantown Gap, Pennsylvania, where they have “been friends
ever since.”

13.  “Billy’s” separation document indicates that he entered active duty on

23 August 1949 at Knoxville, Tennessee and that he had 10 months and 1 day
of overseas service where he was awarded the Korean Service Medal and the
United Nations Service Medal.  He was honorably discharged at Indiantown
Gap Military Reservation on 23 October 1952.  His specialty was recorded as
3795 (Tank Crewman) but his “most significant assignment” was recorded as
“2102-2 M.P. Co.”

14.  The last statement, submitted by the applicant in support of his
request was from an individual named “Donald.”  Donald wrote on 13 July
2004 that during the years 1951 to 1952 he served with the “2102-2 Military
Police Company” at Indiantown Gap, and that the applicant served with him
in that unit after returning from Korea.
15.  In earlier correspondence, contained in documents available to the
Board, the applicant indicated on several occasions that he had been
assigned to Korea between June 1950 and April 1951.  In other instances he
indicated that he had been assigned to Korea between September 1950 and
April 1951.  A National Personnel Records Center search document indicates
that a search of the morning reports for Company A, 17th Regiment, between
1 October 1950 and
31 December 1950 contained no reference to the applicant.  A subsequent
report noted that command reports covering October and November, submitted
by the 17th Infantry Regiment documented the combat operations of the
elements of that organization, including Company A.  However, while the
reports documented unit casualties there was no mention of a jeep ambush,
and does not mention that any Soldiers had been taken as prisoners of war.
It noted that the office, which maintains list of Army POW’s, also made no
mention of the applicant having been a prisoner of war.

16.  There were no medical records provided by the applicant or available
to the Board.  His letter to, and documents from, the Department of
Veterans Affairs do not confirm his service in Korea, any combat wounds, or
that he was a POW.

17.  The “+” that the applicant asks to have added to the blood type on his
separation document refers to the “Rh” (Rhesus) factor.  Information from
the American Medical Association indicates that scientists sometimes study
Rhesus monkeys to learn more about the human anatomy because there are
certain similarities between the two species.  While studying Rhesus
monkeys, a certain blood protein was discovered.  This protein is also
present in the blood of some people.  Other people, however, do not have
the protein.  The presence of the protein, or lack of it, is referred to as
the Rh (for Rhesus) factor.  If your blood does contain the protein, your
blood is said to be Rh positive (Rh+).  If your blood does not contain the
protein, your blood is said to be Rh negative (Rh-).  This Rh factor is
connected to your blood type.  For example, your blood may be AB+ which
means that you have type AB blood with a positive Rh factor.  Or, you might
have O- blood which means that you have type O blood with a negative Rh
factor.

18.  There are basically three requirements for award of the Combat
Infantryman Badge.  The Soldier must be an infantryman, assigned to an
infantry unit during such time as the unit is engaged in active ground
combat, and must have actively participated in such ground combat.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.

20.  Although the applicant refers to the “Escaped Prisoner of War Medal”
he may be referring to the POW Medal.  There is no “Escaped Prisoner of War
Medal” in the military’s inventory.  Army Regulation 600-8-22 provides, in
pertinent part, for award of the Prisoner of War Medal.  The regulation
states that the POW Medal was authorized on 8 November 1985 and is awarded
to individuals who, in past armed conflicts, were taken prisoner or held
captive.

21.  The Korean Service Medal is awarded for qualifying service in the
theater of operations between 27 June 1950 and 27 July 1954.

22.  The period of eligibility for the United Nations Service Medal was
between
27 June 1950 and 27 July 1954.  The regulation provides that this service
medal was awarded to members of the Armed Forces of the United States
dispatched to Korea or adjacent areas on behalf of the United Nations.
Award of the Korean Service Medal automatically establishes eligibility for
award of the United Nations Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Certification of Military Service, issued a number of
times between 1993 and 2004 is sufficient to document his initial period of
military service between 1 March 1950 and 16 December 1952.  Separation
documents were not issued at that time to members of the Regular Army who
were discharged for the purpose of immediate reenlistment.  His initial
period of active service is also appropriately recorded in item 23 on his
1955 separation document.  Hence, no error or injustice exists by the
absence of a Department of Defense Form 214 for that initial period of
service.

2.  The applicant’s period of military service between his reenlistment on
17 December 1952 and his discharge on 4 April 1955 is also appropriately
recorded on the 1955 separation document and accurately reflects his 244
days of lost time which was not creditable for pay purposes.  The applicant
has failed to provide any evidence that his service computation information
is incorrect.

3.  There are no medical records which confirm the applicant’s Rh factor.
Notwithstanding the lack of that information, correcting the applicant’s
separation document to include that information would serve no useful
purpose at this point, and does not create any error or injustice.

4.  While it is very possible that the applicant may have served in Korea,
unfortunately, the period of his service and his unit of assignment cannot
be established with any certainty, based on the statements he provided.
The periods of that service are questionable based on the conflicting
information contained in other documents initiated by the applicant and in
the information provided in the various statements which he submits to
support his request.

5.  While the applicant argues that he is entitled to the same decorations
that “John” was awarded, “John’s” separation document indicates that he
(John) did not enter active duty until 16 October 1950, nearly a month
after the applicant indicated he had arrived in Korea and commenced
fighting.  It is also noted that archival records from the 17th Infantry
Regiment make no mention of the applicant.  It is additionally noted,
however, that the applicant authenticated the accuracy of the information
on his 1955 separation document, which did not reflect any overseas
service, or decorations associated with service in Korea.

6.  Only the fact that the applicant’s brother entered active duty on the
same date as the applicant can be confirmed and only the fact that “Billy”
was discharged at Indiantown Gap approximately 2 months prior to the
applicant reenlisting at that same location can be confirmed from the
evidence provided by the applicant.

7.  Regrettably, in the absence of more compelling evidence, in the form of
some official documentation, such as an order, pay documents, troop and/or
unit movement rosters, the conflicting statements of support, provided by
the applicant, are simply not sufficient to confirm his service in Korea
and as such, the Board is unable, based solely on that evidence, to correct
the applicant’s records to show entitlement to decorations associated with
service in Korea.

8.  In addition to not having sufficient evidence to confirm the
applicant’s service in Korea, there is also no medical evidence that he was
ever wounded in action, that he met eligibility requirements for award of
the Combat Infantryman Badge, or that he was a POW.  In the absence of such
evidence, there is also no basis to correct his records to reflect award of
the Purple Heart, the Combat Infantryman Badge, or the POW Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 April 1955; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
3 April 1958.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MT ___  ___JM __  ___LH___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ___ Margaret Thompson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004981                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050524                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]