RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 September 2004
      DOCKET NUMBER:  AR2004100608


      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. Carolyn Wade                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Lester Echols                 |     |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 military records be corrected to
reflect promotion to pay grade E-5 and all authorized medals and ribbons.

2.  The applicant states that following completion of all military
training, he was transported by ship to Korea and eventually assigned to
Company B, 51st Signal Battalion (Corps) where he served for approximately
6 months.  The applicant further states that:

      a.  In June 1953, his company commander informed him that he was
being recommended for promotion to the rank of corporal (CPL/E-4).

      b.  In July 1953, his company commander informed him that he was
going home because his brother had been in an accident.  Although concerned
about his brother, he inquired of his company commander what would happen
to his promotion and the company commander responded "PFC Torres, when your
promotion arrives, it will be forwarded to you at Stateside to where you
will be stationed."

      c.  He arrived in the states and after 45 days of leave he was
informed that the war was over and he would not be returning to Korea.  He
was assigned to Camp Stoneman, California.

      d.  After patiently waiting for his promotion, he inquired of a
lieutenant as to the status of his promotion recommendation and was later
informed that it had not arrived.

      e.  This same lieutenant told him he should have been a CPL/E-4 from
the date of the Korea recommendation and that not hearing anything on the
recommendation to CPL/E-4, the lieutenant would bypass it and recommend him
for sergeant.

      f.  In April 1954, he was advised that Camp Stoneman was closing and
the unit was moving to Fort Lewis, Washington.  He was asked if he was
staying in the service and he replied, "no."

      g.  He inquired about his promotion and was told that it could not be
done at that time because of the turmoil associated with closing the Camp,
but if he stayed in the service, he would receive the promotion later.  He
was discharged on 1 May 1954 to start his civilian life.

      h.  He has been trying to get his authorized medals and rank for 2
years to no avail.  He has letters of denial informing him that the
National Archives fire in St. Louis, Missouri destroyed his military
personnel records.

      i.  He served his country with pride and honor, and that he is not
asking for anything he did not earned.  Therefore, he wants recognition for
the service he gave his country in her time of need as a proud American and
a good loyal Soldier.

3.  The applicant provides the following documents in support of his
request:

      a.  A self-authored statement, dated 8 November 2003,

      b.  A partial copy of a memorandum recommending the applicant for
promotion to pay grade E-4,

      c.  A copy of his DD Form 214 (Report of Separation from the Armed
Forces of the United States) for the period 31 July 1952 to 1 May 1954,

      d.  A copy of a request pertaining to military records, dated 8 July
2002,

      e.  A copy of his prior request to the Army Board for Correction of
Military Records (ABCMR) and allied documents, and

      f.  A copy of a letter from the National Archives, dated 2 September
2002 and an attached DA Form 1577 (Authorization for Issuance of Awards).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 1 May 1954.  The application submitted in this case is dated 8 November
2003.

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 ABCMR 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,
sufficient documents are available for the Board to conduct a fair and
impartial review of this case.

4.  The applicant's available military personnel records show he was
inducted into the Army of the United States on 31 July 1952 for a period of
2 years, was trained in military occupational specialty (MOS) 4405, Pole
Lineman Specialist, and was assigned to Korea as his first permanent duty
station.

5.  The applicant was assigned to Company B, 51st Signal Battalion and
served with that unit for approximately 6 months before returning to the
United States on emergency leave.

6.  The applicant was promoted to private first class/E-3 (PFC/E-3) on 29
April 1953 and was serving in that rank when he was discharged on 1 May
1954.  Personnel records show that at Camp Stoneman the applicant was
recommended for promotion to CPL/E-4.  There is no evidence the
recommendation was ever approved.

7.  The applicant was honorably released and transferred to the United
States Army Reserve on 1 May 1954 by reason of early release after
completing 1 year, 9 months, and 1 day of military service.

8.  His DD Form 214 shows he was a PFC/E-3 and that he was awarded the
National Defense Service Medal, the Korean Service Medal with 1 bronze
service star, and the United Nations Service Medal.  His records show no
indiscipline and no lost time due to absence without leave or confinement.


9.  DA Form 1577 (Authorization for Issuance of Awards), dated 29 August
2002, shows the applicant is authorized award of the Good Conduct Medal for
1 year, 9 months, and 1 day of qualifying service.  The Good Conduct Medal
is not shown on his DD Form 214.

10.  The ABCMR staff indicated in a 2 January 2003 letter to the applicant
that although he had provided a copy of a recommendation for promotion to
the pay grade CPL/E-4, dated 21 April 1954, his separation orders, dated 29
April 1954, reflect his pay grade as PFC/E-3.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in World War II and the Korean War.  This document shows Department
of Army General Orders Number 74, 1953, cited the unit to which the
applicant was assigned for award of the Republic of Korea Presidential Unit
Citation for service between 12 September 1950 and 14 July 1953.

12.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign service award to eligible US veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.

13.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their discharge paper (DD Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request is being
provided to the applicant.  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.

DISCUSSION AND CONCLUSIONS:

1.  As previously stated, the applicant’s complete military records are not
available; therefore, his entitlement to the pay grades E-4 and E-5 cannot
be conclusively established.

2.  In the applicant's previous request, ABCMR staff noted that the
applicant's separation orders show he was a PFC/E-3 on 29 April 1954 and
that he was separated on 1 May 1954 in the pay grade of PFC/E-3.

3.  The applicant's DD Form 214 also shows his rank as PFC/E-3 at the time
of his release from active duty.  Furthermore, there is a presumption of
regularity in the preparation and completion of those records available for
review which do not show the applicant's rank as pay grade E-5.

4.  The applicant served honorably and well.  He had no disciplinary
violations and was awarded the Good Conduct Medal for 1 year, 9 months, and
1 day of qualifying service from 31 July 1952 to 1 May 1954.  This award
should be included on his DD Form 214.

5.  The evidence of record shows the applicant is authorized the Republic
of Korea Presidential Unit Citation.  This award should be included on his
DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 May 1954; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 May 1957.  The applicant did not file within the 3-year
statute of limitations; however, it would be in the interest of justice to
excuse failure to file in this case based on the evidence submitted.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__jns___  __mhm___  ___le___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 adding, in Item 27
(Decorations), the Republic of Korea Presidential Unit Citation and the
Good Conduct Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
promoting the applicant to the pay grade of E-5.



                 John N. Slone
            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100608                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040930                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |131.0900                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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