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ARMY | BCMR | CY2006 | 20060013014C071029
Original file (20060013014C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 March 2007
      DOCKET NUMBER:  AR20060013014


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Ernestine R. Fields           |     |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 records be corrected to
show he served as the Commanding Officer (CO), 48th Surgical Hospital in
Korea from October 1963 to May 1964.

2.  The applicant states, in effect, this correction should be made to give
credit where credit is due.

3.  The applicant provides the following documents in support of his
application:  Headquarters, 48th Surgical Hospital (MA) Unit Orders Number
6, dated
23 February 1964; Request for Administrative Absence to Japan, dated 23
March 1964; and Headquarters, 65th Medical Group Special Orders Number 86,
dated 17 April 1964.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 23 July 1965, the date of his discharge.  The application
submitted in this case is dated 18 August 2006.

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 record shows that he was commissioned a First
Lieutenant in the Medical Corps (MC) of the United States Army Reserve
(USAR) on 23 March 1962, and he entered active duty in that status on 24
July 1963.

4.  The applicant's Officer Qualification Record (DA Form 66) shows that he
served in Korea from 11 September 1963 through 27 September 1964.  Item 12
(Appointments) shows he was promoted to Captain on 8 June 1964.  Item 18
(Record of Assignments) shows that during his tour in Korea, he was
assigned to the 48th Surgical Hospital (MA) from 16 September 1963 through
30 April 1964; and to the 618th Medical Company from 1 May 1964 through 26
September 1964.
5.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, Eighth United States Army (EUSA) Special Orders (SO)
Number (#) 230, dated 22 October 1963.  These orders directed the
applicant's appointment as the CO of the 48th Surgical Hospital (MA), APO
301,
San Francisco California, effective 23 October 1963.

6.  The applicant's MPRJ also contains a change of duty Officer Efficiency
Report (OER), DA Form 67-5.  This report covered the period 1 February 1964
through
30 April 1964, and evaluated the applicant's performance as the CO of the
48th Surgical Hospital (MA).

7.  On 23 July 1965, the applicant was honorably discharged at the
expiration of his active duty commitment after completing a total of 2
years of active military service.  The separation document (DD Form 214) he
was issued at the time shows he held the rank of captain at the time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show
he was the commanding officer of the 48th Surgical Hospital (MA) from
October 1963 to May 1964 was carefully considered and found to have merit.


2.  The evidence of record confirms the applicant was appointed as the CO
of the 48th Surgical Hospital (MA) on 23 October 1963, and that he served
in that position until 30 April 1964, at which time he was reassigned to
the 618th Medical Company as the CO of that unit, as evidenced by EUSA SO #
230, dated 22 October 1963, and the applicant's OER ending on 30 April
1964. As a result, it would be appropriate to correct the applicant's
record to properly document his service as the CO of the 48th Surgical
Hospital (MA) from
23 October 1963 through 30 April 1964.

BOARD VOTE:

___JKW _  __CAD__  __EJF__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 showing he served as the Commanding
Officer of the 48th Surgical Hospital (MA), Korea, from 23 October 1963
through 30 April 1964.




                            _____Kenneth L. Wright    _
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060013014                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1965/07/23                              |
|DISCHARGE AUTHORITY     |AR 135-173.                             |
|DISCHARGE REASON        |Comp of AD Commitment                   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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