RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 January 2005
      DOCKET NUMBER:  AR2004104708


      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. Walter T. Morrison            |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 record properly reflect his
service in Japan and Korea.

2.  The applicant states, in effect, that was assigned to the Finance
Section of Headquarters, 1st Cavalry Division and was later transferred to
Company E,
5th Cavalry Regiment and moved to Korea with the unit.  He claims he
desires this correction in order to join veterans’ organizations and to
qualify for veterans’ benefits.

3.  The applicant provides a Transcript of Military Record (TAGO Form
01254) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 August 1980.  The application submitted in this case is
dated 24 February 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 record shows that on 21 August 1980, he was released
from active duty (REFRAD) for the purpose of being placed on the Temporary
Disability Retired List (TDRL), by reason of physical disability.

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in
Item 5 (Overseas Service), that he served in the Far East Command from
October 1952 through February 1953.  It also shows that he served in
Germany from February 1954 through February 1957 and from June 1957 through
May 1960.  The record does not provide specific unit assignments or
locations.
5.  Item 9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1
shows that during his military service tenure, he earned the Army
Commendation Medal, National Defense Service Medal and Army of Occupation
Medal with Germany Clasp.

6.  The applicant’s Official Military Personnel File (OMPF) contains a
TAGO Form 01254, which that documents his active duty service from
15 February 1952 through 21 May 1953.  This document confirms he served in
the Pacific Theater for 3 months and 14 days, from 16 November 1952 through
16 February 1953.  It also shows that he was assigned to Company L, 129th
Infantry Regiment.  Item 25 (Battles and Campaigns) contains the entry
“None” and Item 26 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) also contains the entry “None”.


7.  The OMPF also contains a copy of a DD Form 214 that documents the
applicant’s active duty service from 7 December 1953 through 19 June 1962.
This document confirms he completed 8 years, 6 months and 13 days of active
duty service during the period covered by the separation document, and that

he held the rank sergeant on the date of his separation.  It further shows,
in
Item 24c (Foreign and/or Sea Service), that he completed 5 years, 11 months
and 3 days of overseas service in the United States Army Europe (USAEUR)
during this period of active duty service.

8.  The final DD Form 214 issued to the applicant on 21 August 1980
confirms he completed a total of 9 years, 11 months and 21 days of active
military service and held the rank and pay grade sergeant first class/E-7
(SFC/E-7).  It also shows that during military service tenure, he earned
the Army Commendation Medal, Army of Occupational Medal with Germany Clasp
and National Defense Service Medal.  The applicant authenticated this
document with his signature in Item 21 (Signature of Member Being
Separated).

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War and the Korean Conflict.  This
source confirms that the applicant’s unit (129th Infantry Regiment) was not
credited with service in Korea during the period the applicant was assigned
to the Pacific, 15 February 1952 through 21 May 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service in Korea and Japan is not
properly documented in his record was carefully considered.  However, there
is insufficient evidence to granting this requested relief.

2.  The evidence of record contains a TAGO Form 01254 that confirms the
applicant served in the Pacific for 3 months and 14 days, from 16 November
1952 through 16 February 1953.  However, there are no records or documents
that identify the location of this service.  Further, this document shows
he was not credited with campaign participation and that he received no
service awards related to combat service in Korea, which indicates he did
not serve in Korea during this period.  Further, the unit listed on the
TAGO Form 01254, 129th Infantry Regiment, was not credited with service in
Korea in the Army’s source publication.

3.  The evidence of record also includes the applicant’s DA Form 2-1 and
his final separation document.  These records indicate he earned no service
awards related to service in Korea.  The applicant authenticated his final
separation document with his signature in Item 21, which indicates he
verified that the information contained on the DD Form 214, to include the
list of awards, was correct at the time the document was prepared and
issued.  Lacking any specific evidence or documents that confirm the
applicant’s service in Japan and Korea, there is an insufficient
evidentiary basis to support granting the requested relief.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1980.  Therefore, the time
for him to file request for correction of any error or injustice expired on
20 August 1983.  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

___JRM_  __ECP __  __WTM__  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.




            ____Walter T. Morrison ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104708                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1980/08/21                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |TDRL                                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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