RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 August 2007
DOCKET NUMBER: AR20070003627
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Bernard P. Ingold | |Chairperson |
| |Mr. Thomas M. Ray | |Member |
| |Mr. Gerald J. Purcell | |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 be corrected to show
his rank as corporal (CPL).
2. The applicant states, in effect, he was reduced to private first class
(PFC) in December 1952, due to an incident in Korea; however, prior to
leaving Korea, his rank was restored to CPL. He claims that he remembers
being paid as a CPL prior to returning stateside to Fort Carson, Colorado.
He further states that on
27 June 1953, he was separated at Fort Riley, Kansas.
3. The applicant provides no additional documentary evidence in support of
his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file. In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.
2. 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 (NPRC) 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. This case is
being considered using reconstructed records, which primarily consists of a
Certification of Military Service (NA Form 13038) and Headquarters, Fort
Riley Orders WD AGO Form 53-55, Final Payment Worksheet (WD Form 370B) and
Separation Orders that remain in the applicant's NPRC file.
3. The applicant's NA Form 13038 shows he served on active duty from
12 October 1951 through 27 June 1953, at which time he was honorably
released from active duty (REFRAD), in the rank of PFC.
4. The applicant's NPRC file contains separation orders issued at Fort
Riley, Kansas, on 27 June 1953. These orders directed the applicant's
REFRAD on
27 June 1953. The applicant's standard name line in these orders listed
his rank as PFC, and his NPRC file is void of any orders or other documents
that show he was promoted to CPL by proper authority prior to his REFRAD.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his rank was restored to CPL prior to
his REFRAD on 27 June 1953 was carefully considered. However, while his
military records were not available for review, there are separation orders
and a properly constituted NA Form 13038 on file that confirm he held the
rank of PFC on the date of his REFRAD. As a result, absent evidence
confirming his rank was restored to CPL prior to his REFRAD, there is an
insufficient evidentiary basis to support granting the requested relief at
this late date.
2. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___BPI __ __TMR__ __GJP __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_____Bernard P. Ingold_____
CHAIRPERSON
INDEX
|CASE ID |AR20070003627 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2007/08/30 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1953/06/27 |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. 803 |144.9213 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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