RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 FEBRUARY 2006
      DOCKET NUMBER:   AR20050006142


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David Haasenritter            |     |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 report of separation (DD Form 214) be
corrected to reflect that he served as a field artilleryman instead of as a
medical technician.

2.  The applicant states he was trained as a mortar man and while in Korea,
he was assigned to B Battery, 37th Field Artillery, Battalion, 2nd Infantry
Division, as an artilleryman.  He further states that he was wounded by a
Chinese knife and later, during a Chinese mortar attack, he blacked out and
was sent to the medics. He continues by stating that he had cuts on his
arms and legs and regained consciousness at the 10th Station Hospital in
Pusan.  After recovery, he spent the remainder of his time in medical type
units in Korea and Japan; however, he never received any formal training as
a medic other than on-the-job training.  He goes on to state that he wants
his records to show his combat service as an artilleryman.

3.  The applicant provides a copy of his DD Form 214, a newspaper article
indicating that he served as a cannoneer in the 37th Field Artillery
Battalion.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 October 1952.  The application submitted in this case is
dated 18 April 2005.

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 limitations 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.

4.  He was inducted in Chattanooga, Tennessee, on 9 November 1950 and was
transferred to Fort Jackson, South Carolina, where he was assigned to the
8th Infantry Division to undergo his training.  He was transferred to Camp
Stoneman, California, on 16 March 1951, for further transfer to Japan.  On
22 April 1951, he was transferred to Korea and was assigned to B Battery,
37th Field Artillery Battalion.

5.  On 18 May 1951, he was transferred to the 3rd Station Hospital.  On 27
May 1951, he was transferred to Headquarters Detachment, 52nd Medical
Battalion and remained assigned there until 20 January 1952, when he was
transferred to Camp Drake, Japan.  He was assigned to the 8165th Army
Hospital in Japan and remained there until 19 October 1952, when he was
transferred to Fort Jackson, South Carolina.

6.  On 21 October 1952, he was honorably released from active duty (REFRAD)
in the rank of corporal and was transferred to the Enlisted Reserve Corps
for the remainder of his statutory service obligation.  He had served 1
year, 11 months and 13 days of total active service.

7.  A review of the available records shows that he was awarded the primary
military occupational specialty (MOS) of a medical aidman (4123) on 11
December 1951, on the same date he was advanced to the rank of corporal.

8.  Copies of medical records contained in the available records also show
that he was treated on several occasions and at the time of his treatment
his branch was listed as Army Medical Service.  He was diagnosed several
times with Epilepsy, Refraction, Conversion reaction, chronic, mild,
manifested by fainting spells, and epileptic forms of seizure. He was also
issued a permanent profile and was deemed fit for duty in non-combat units.


9.  At the time of his REFRAD, the applicant’s branch was listed as “MC”
(Medical Corps) and his specialty was listed as “4123” Medical Technician.
He authenticated his DD Form 214 with his signature at the time of his
REFRAD.

10.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect information that obtained from official personnel
records at the time of separation.




DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  While the majority of his records were destroyed in the 1973 fire at
the National Personnel Records Center in St Louis, Missouri, there are
sufficient records to show that he held the MOS of a medical aidman and
that the majority of his time was spent in medical related units.

3.  Although the applicant did serve in the 37th Field Artillery, he was
only there for less than a month and there is no evidence in the available
records to show that he served in an artillery specialty.

4.  It must be presumed that at the time his DD Form 214 was prepared, the
information was available to determine what the applicant’s specialty was
and what unit he was assigned to.  Therefore, absent evidence to the
contrary, there is no basis to make the changes he is requesting.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 October 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 October 1955.  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

___LS __  ___JR ___  ___DH __  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.




                                  ______Linda Simmons_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006142                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060223                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19521021                                |
|DISCHARGE AUTHORITY     |AR 615-363-5                            |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]