RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 25, 2005
      DOCKET NUMBER:  AR2004105408


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. LaVern M. Douglas             |     |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 father's [his father is a
former service member (FSM)] records be corrected to reflect his service in
Korea.  The applicant also requests that all service medals that he
specifically mentions (Paratrooper Wings [Parachutist Badge], Glider Wings
[Glider Badge], Korean Service Award [Korean Service Medal], Combat
Infantryman Badge (CIB); Overseas Service Medal; and the Good Conduct
Medal) be reissued to him.

2.  The applicant states, in effect, that his father served in the Army
from 16 August 1948 to 11 April 1950.  While in service, he was awarded the
Parachutist Badge and the Glider Badge.  These badges are shown on his
DD Form 214, Report of Separation from the Armed Forces of the United
States. He was transferred to the Enlisted Reserve Corps and, on 8 October
1950, he was recalled to active duty and served until 21 August 1951.
During this service, he was assigned to Battery A, 88th Airborne AA
(Antiaircraft Artillery) Battalion which was redesignated the 187th
Airborne Regimental Combat Team (RCT), AAA Battery.  After his release from
active duty, he continued to serve in the Reserve until he was discharged
on 12 April 1955.  After his father's death, he applied for a copy of his
father's military records and replacement medals.  He was issued the
Parachutist Badge, the Glider Badge, and a Good Conduct Medal; however, he
received no awards related to his father's service in Korea since there was
no proof that he served in Korea at that time.

3.  The applicant submitted a copy of his father's DD Form 214 and those
documents that he specifically delineated in the letter that is appended to
his DD Form 149, Application for Correction of Military Record, in support
of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 August 1951.  The application submitted in this case is
dated 3 March 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 FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed records and from alternate sources.

4.  The FSM enlisted in the Regular Army for 3 years on 16 August 1948.
Following completion of basic combat training, he completed advanced
individual training and was awarded the military occupational specialty
(MOS), 74602, Antiaircraft Artillery Automatic Weapons Crewman.

5.  The FSM was honorably released from active duty and transferred to
the Enlisted Reserve Corps (ERC), in the rank of Corporal, on 11 April
1953, to fulfill his 8-year military service obligation.  On the date of
his release from active duty, the applicant had completed 1 year, 7 months,
and 25 days active military service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the FSM's DD Form 214, shows he
was awarded the Parachute [correctly known as the Parachutist Badge] and
Glider Badges.  No other awards are shown.

7.  The FSM was not credited with any foreign and or sea service in Item 26
(Foreign and/or Sea Service), of his DD Form 214.

8.  Item 28 (Most Significant Duty Assignment), of the applicant's DD Form
214, shows that his most significant assignment was Battery A, 88th
Airborne AA Battalion.

9.  DD Form 217A, Certificate of Service, that the applicant provided,
shows that on 8 October 1950, the FSM was recalled to active duty and
served until 21 August 1951.  Besides this information, no other details of
his service are shown on this form.

10.  On 26 June 1985, the FSM was provided a NA Form 1338, Certificate of
Service.  This certificate shows that he served on active duty from 8
October 1950 through 21 August 1951 and was honorably released from active
duty.  Besides this information, no other details of his service are shown
on this form.
11.  On 5 September 1995, the Chief, Awards Branch, Veterans Services
Directorate, Army Reserve Personnel Center, prepared and distributed a
DA Form 1577, Authorization for Issuance of Awards, to the FSM's son, the
applicant.  The applicant was authorized issuance of the Good Conduct
Medal, The National Defense Service Medal, the Parachutist Badge, and the
Glider Badge.

12.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that Battery A,
88th Airborne Antiaircraft Battalion arrived in Korea and participated in
the UN (United Nations) Defensive Campaign, which extended from 22 July
through 15 September 1950.  This pamphlet also shows that the unit was
redesignated to the 187th Airborne Regimental Combat Team, AAA Battery, on
26 February 1951.  This unit received no Korean War-era awards or unit
citations under either designation,

13.  A search of morning reports and unit rosters for the 88th Airborne
Antiaircraft (AAA) Battalion and the 187th Regimental Combat Team, AAA
Battery was conducted in an attempt to identify the FSM as a member of
these units during his alleged service in Korea.  The FSM was not
identified as being assigned to either of these units.

14.  In 1973, a fire at the National Personnel Records Center destroyed
approximately 16 to 18 million Official Military Personnel Files (OMPF).
Included in and amongst the OMPF were all documents that served as a
foundation for the preparation of the DD Form 214.  About 80% of the
records for Army personnel discharged between 1 November 1912 and 1 January
1960 and about 75% of the records of Air Force personnel with surnames from
Hubbard through "Z" discharged between 25 September 1947 and 1 January 1964
were destroyed.  No duplicate copies of the records that were destroyed in
the fire were maintained, nor was a microfilm copy ever produced.  There
were no indexes created prior to the fire.  In addition, millions of
document had been lent to the Department of Veterans Affairs before the
fire occurred.  Therefore, a complete listing of the records that were lost
is not available.

15.  Certificates of service issued by the National Personnel Records
Center are considered to be the equivalent of a DD Form 214 for the
purposes of establishing eligibility for veteran's benefits.
16.  Army Regulation (AR) 600-8-22 shows that the Secretary of the Army
established the Overseas Service Ribbon on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.  The award may be awarded retroactively to those personnel who were
credited with a normal overseas tour completion before 1 August 1981
provided they had an Active Army status on or after 1 August 1981 and the
overseas service is not recognized with another U.S. service medal.
Numerals are used to denote the second and subsequent awards of the
Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  In 1973, a fire at the National Personnel Records Center destroyed, it
is estimated, approximately 18 million Official Military Personnel Files.
It is believed that the FSM's records were among the records that were
lost.  Because of the loss of these records, as well as all other documents
that served as a foundation for the preparation of the DD Form 214,
reconstruction of the FSM's DD Form 214 with an effective date of 21 August
1951 is not possible.

2.  The FSM had a copy of the DD Form 214 that was issued to him on his
release from active duty on 11 April 1950.

3.  The FSM was provided a Certificate of Service in response to his
request for records.  The Certificate of Service he was provided shows that
he served on active duty from 8 October 1950 through 21 August 1951 and was
honorably released from active duty.  This Certificate of Service is
considered to be the equivalent of a DD Form 214 for the purposes of
establishing eligibility for veteran's benefits.

4.  Attempts at locating morning reports or other listings showing the FSM
assigned to the 88th Airborne Antiaircraft (AAA) Battalion and the 187th
Regimental Combat Team, AAA Battery, proved unsuccessful.  Nonetheless, a
review of DA Pamphlet 672-1 revealed that these units did not receive any
awards or unit citations during the Korean War under either designation.

5.  The FSM is ineligible for award of the Overseas Service Ribbon.  The
Secretary of the Army did not approve the award until nearly 30 years after
the FSM was last released from active duty.
6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1951; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 August 1954.  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

lmd_____  kan _____  jea _____  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.




                                  ____Kathleen A. Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105408                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  125                 |107.0079                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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