RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2005
DOCKET NUMBER: AR20040004136
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin H. Meyer | |Chairperson |
| |Mr. Patrick H. McGann | |Member |
| |Ms. Susan A. Powers | |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show he completed
the Noncommmissioned Officers Academy and to show he is authorized the
Korea Defense Service Medal (KDSM).
2. The applicant states that his records should be correct.
3. The applicant provides his DD Form 214, his honorable discharge
certificate from the U. S. Army Reserve, and a Noncommissioned Officers
Academy certificate of graduation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors, one of which
occurred on 19 August 1957. The application submitted in this case is
dated 30 June 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 limitation 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. This case is
being considered using reconstructed records, which primarily consist of
those documents provided by the applicant.
4. The applicant was inducted into the Army on 13 October 1955. He was
released from active duty on 19 August 1957 as an overseas returnee.
5. Item 12 (Last Duty Assignment and Major Command) of the applicant's DD
Form 214 shows his last duty assignment as C Battery, 26th Anti-Aircraft
Artillery Automatic Weapons Battalion. Item 28 (Service Schools or
Colleges, College Training Courses and/or Post-Graduate Courses
Successfully Completed) contains the entries "NA." Item 29 (Other Service
Training Courses Successfully Completed) contains the entries "Arty Comm
Chief" and "Int Sp Radio Operator."
6. The applicant provided a certificate of graduation showing he graduated
from the I Corps Noncommissioned Officers Academy. The certificate was
presented at Camp Jecelin, Korea on 7 September 1956.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows the units that served during World War
II and the Korean War. It shows that the 26th Anti-Aircraft Artillery
Automatic Weapons Battalion served in Korea during the Korean War. The
unit's history shows that it was inactivated in Korea on 15 October 1957.
8. The Secretary of Defense approved the implementing instructions and
criteria for the KDSM on 3 February 2004. The KDSM is authorized to
members of the Armed Forces who have served on active duty in support of
the defense of the Republic of Korea from 28 July 1954 to a date to be
determined.
DISCUSSION AND CONCLUSIONS:
1. The Board accepts the certificate of graduation provided by the
applicant as sufficient evidence to show he graduated from the
Noncommissioned Officers Academy. This course should be added to his DD
Form 214.
2. The Board also accepts the certificate of graduation, along with the
unit history of the 26th Anti-Aircraft Artillery Automatic Weapons
Battalion, as sufficient to show the applicant served in Korea during a
period of time that makes him eligible for award of the KDSM.
BOARD VOTE:
__mhm___ __phm___ __sap___ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:
a. amending item 29 of his DD Form 214 to show he completed the
Noncommissioned Officers Academy;
b. amending his DD Form 214 to add the Korea Defense Service Medal; and
c. issuing the Korea Defense Service Medal to him.
___Melvin H. Meyer____
CHAIRPERSON
INDEX
|CASE ID |AR20040004136 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050329 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |100.00 |
|2. |107.00 |
|3. | |
|4. | |
|5. | |
|6. | |
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