RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 September 2004
      DOCKET NUMBER:  AR2004101446


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 effect, that his fist honorable separation
document be amended to add his service in Korea.

2.  The applicant states, in effect, he served in Korea from October 1951
through April 1952 and was never awarded the Korean Service Medal (KSM).

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 14 July 1958.  The application submitted in this case is
dated
13 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 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.  This case is being
considered using reconstructed records that primarily consist of a
Certification of Military Service and the applicant’s
separation document (DD Form 214), dated 14 July 1958.

4.  A Certification of Military Service on file, dated 2 February 1984,
issued by the National Personnel Records Center, St. Louis, Missouri,
confirms the applicant served on active duty in the Regular Army from 21
October 1949 through 16 November 1952, at which time he was honorably
discharged for the purpose of immediate reenlistment.  This documents shows
he held the rank of private on the date of his separation from this period
of service; however, there are no other records available to verify any
information regarding the applicant’s service during this period.

5.  A DD Form 214 on file confirms that on 14 July 1958, the applicant was
discharged under other than honorable conditions under the provisions of
Army Regulation 635-206, by reason of misconduct.  This document further
shows the applicant completed 5 years and 2 days on his current period of
service, 3 years of prior service and a total of 8 years and 2 days of
active military service a the time of his discharge.  It also indicates the
applicant completed 3 years of foreign and/or sea service, but there in no
information regarding where this service was performed.  Finally, the
separation document shows the applicant accrued a total of 238 days of time
lost.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214 and DD Form 215.  The regulation specifies that the source documents
for preparing separation documents include military personnel records,
separation authority documentation, separation orders, and other documents
authorized for filing in the Official Military Personnel File (OMPF).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his original separation document be
corrected by adding his service in Korea was carefully considered.
However, there are insufficient records and documentary evidence to provide
this relief.

2.  The available NPRC file in the applicant does not include his personnel
qualification record, or any source documents related to his overseas
service in Korea.  Further, there is no DD Form 214 on file for his first
period of active duty service between 21 October 1949 and 16 November 1952
to be corrected.

3.  The Certification of Military Service document on file is issued in
cases where sufficient military records to allow for preparation of a DD
Form 214 or DD Form 215 do not exist.  As a result, there is insufficient
evidence to support granting the requested relief.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 July 1958.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
13 July 1961.  However, he 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

_JCH ___  _BJE____  __PMS__  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.




            ____JAMES C. HISE_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101446                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |1958/07/14                              |
|DISCHARGE AUTHORITY     |AR 635-206                              |
|DISCHARGE REASON        |Misconduct.                             |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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