RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 January 2008
DOCKET NUMBER: AR20070012274
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. James E. Vick
Chairperson
Mr. Thomas M. Ray
Member
Mr. Jeffrey C. Redmann
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his duty assignment as the 623d Field Artillery Battalion.
2. The applicant states, in effect, that he worked in the S-2/S-3 section of the 623d Field Artillery Battalion, 7th Division, 8th Army and not to the 633d Field Artillery Battalion.
3. The applicant provides his DD Form 214; his Honorable Discharge Certificate; and copies of four photographs.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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.
3. The applicant was inducted into the Army on 22 October 1952. He was released from active duty on 17 August 1954 after having served in Korea. Item 28 (Most Significant Duty Assignment) of his DD Form 214 contains the entry, Hq Btry 633rd FA Bn APO 358.
4. The applicant provided copies of four photographs, two of which indicate they were taken in the area of the S-2/S-3 section of the 623d Field Artillery Battalion.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War. This document shows that the 623d Field Artillery Battalion served in Korea. It shows that the 633d Field Artillery Battalion served in World War II but not in the Korean War.
DISCUSSION AND CONCLUSIONS:
1. Department of the Army Pamphlet 672-1 confirms that the applicant could not have been assigned to the 633d Field Artillery Battalion and almost certainly was assigned to the 623d Field Artillery Battalion.
2. Since the applicant states he worked in the S-2/S-3 section, it is presumed that he was assigned to Headquarters Battery, 623d Field Artillery Battalion, 7th Division, 8th Army. His DD Form 214 should be amended to reflect his correct assignment.
BOARD VOTE:
__jev___ __tmr___ __jcr___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 28 of his DD Form 214 to show his assignment as Headquarters Battery, 623d Field Artillery Battalion, 7th Division, 8th Army.
___James E. Vick______
CHAIRPERSON
INDEX
CASE ID
AR20070012274
SUFFIX
RECON
DATE BOARDED
20080122
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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