RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060015372 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. Barber

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 most significant duty assignment, date of induction, and service stars awards be corrected on his DD Form 
214 (Report of Separation from the Armed Forces of the United States) with the period ending 10 November 1952. 

2.  The applicant states, in effect, that his most significant duty assignment on his DD Form 214 is incorrect and should be corrected to show D Battery, 50th Anti-Aircraft Artillery (Automatic Weapons) Battalion.  He was assigned to the battery from November 1949 through September 1951 and was later assigned to D Battery, 753rd Anti-Aircraft Artillery for five months in Japan.  He further states that his date of induction incorrectly shows 10 August 1940 and should be corrected to show 10 August 1949 and that his separation document should show award of seven bronze campaign stars.

3.  The applicant provides his DD Form 214; four statements of support from former fellow Soldiers; an Honorable Discharge Certificate, dated 10 November 1952; two pages from a magazine article entitled "Changjin Journal"; and a five page personnel roster from Fort Bliss, Texas.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
10 November 1952.  The application submitted in this case is dated 23 October 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 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, this case is being considered using reconstructed records, which primarily consist of his DD Form 214 and four letters of support from former fellow Soldiers.  

4.  The applicant was inducted on 10 August 1949.  He served overseas for a period of 1 year, 10 months, and 29 days and it appears he served in Korea for 
1 year and 5 months [minus five months being stationed in Japan].  Item 
15 (Induction) erroneously shows 10 August 1940.  Item 19 (Date and Place of Entry into Active Duty) shows 10 August 1949.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized) erroneously shows an entry of "KOREAN SVC MED w/2 BZ CP STRS w/2 BCS/KSM."  Item 28 (Most Significant Duty Assignment) shows D Battery, 753rd Anti-Aircraft Artillery Gun Battalion.  He was honorably separated on 10 November 1952 after completing a total of 3 years, 1 month, and 24 days of creditable active service.  

5.  The applicant provided a statement of support from his former battery commander, dated 8 August 2004.  In this statement, the former battery commander attests that he was the applicant's battery commander in D Battery, 50th Anti-Aircraft Artillery (Automatic Weapons) Battalion from 1949 through 1951.  He also states, in effect, that his battalion was initially attached to the 1st Marine Division in September 1950 in support of the United Nations Defensive and that the applicant served in several combat operations while serving in Korea until on or about the end of 1951.  

6.  Special Regulation 615-360-1, in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution of the various forms, records, and reports required.  It stated that item 28, Most Significant Duty Assignment, would contain the last unit to which the enlisted member was assigned for duty.  Assignment to a medical holding detachment would not be considered a duty assignment.  

7.  Special Regulation 135-175-5, in effect at the time, prescribed the administrative procedures to be followed in the separation of commissioned and warrant officers.  In pertinent part, it stated that item 28 would contain the assignment representing the duty which required the greatest demonstration of the officer’s training and experience.

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in 


Appendix B of this regulation.  The regulation states a silver service star is authorized in lieu of five bronze service stars.  Table B-1 of this regulation shows during 1950 through 1951 there were seven battle campaigns.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

10.  The Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the Republic of Korea War Service Medal.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 
1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 28 his DD Form 214 incorrectly shows 
D Battery, 753rd Anti-Aircraft Artillery as his most significant duty assignment.  The applicant's former battery commander's statement is accepted as sufficient to show the applicant served with D Battery, 50th Anti-Aircraft Artillery (Automatic Weapons) Battalion while he served in Korea.  However, the regulatory guidance for completing the DD Form 214 stated that this item would contain the last unit to which the enlisted member was assigned for duty.  Therefore, item 28 is correct on his DD Form 214.  The title of the item was meant to be used literally only for officer personnel.

2.  The applicant's DD Form 214 erroneously shows he was inducted on 
10 August 1940.  Evidence of record shows that he entered active duty on 
10 August 1949.  Therefore, it appears that an induction date of 10 August 
1940 is a typographical error.  His DD Form 214 should be corrected in item 
15 to show 10 August 1949.

3.  The applicant's DD Form 214 erroneously shows an entry of "KOREAN SVC MED w/2 BZ CP STRS w/2 BCS/KSM" in item 27 and should be deleted.

4.  The applicant met the eligibility criteria for award of the National Defense Service Medal and the Republic of Korea War Service Medal.  The applicant's former battery commander's statement is accepted as sufficient to show the applicant served in Korea from 1950 through 1951 during seven campaigns.  The applicant's participation in seven campaigns entitles him to one silver service and two bronze service stars to be worn on his Korean Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 November 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
9 November 1955.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ENA __  ___AU   _  __REB__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 amending his DD Form 214 for the period ending    10 November 1952:

	a.  by deleting the entry in item 15 "10" day, "AUG" month, and "40" year; 
	
	b.  by amending his DD Form 214 in item 15 to show "10" day, "AUG" month, and "49" year; .

	c.  by deleting the entry in item 27 'KOREAN SVC MED w/2 BZ CP STRS w/2 BCS/KSM"; and 

	d.  by adding in item 27 the National Defense Service Medal and the Republic of Korea War Service Medal, the Korean Service Medal with one silver service star and two bronze service stars.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to item 28 (Most Significant Duty Assignment) of his DD Form 214.  




_   __ Eric N. Andersen      _
          CHAIRPERSON




INDEX

CASE ID
AR20060015372
SUFFIX

RECON

DATE BOARDED
17 MAY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0142.0000
2.
107.0069.0000
3.

4.

5.

6.