RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2008
      DOCKET NUMBER:  AR20070016272


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, reconsideration of his request that
his record be corrected to show he was a second lieutenant (2LT) while
serving on active duty.

2.  The applicant states, in effect, that he is requesting reconsideration
based on the sensitive nature of his new evidence from his combat commander
in Korea from 1952 to 1953.  He states it is an absolute miracle for his
commander at the time to still be alive and able to write a letter in his
behalf.  He asks that his request now be reconsidered.

3.  The applicant provides a Statement in Support of Claim (VA Form 21-
4138) and Third-Party Statement in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20070001664, on 11 September 2007.

2.  During its original review of the case, the Board found no evidence on
file in the applicant's reconstructed record to substantiate he was a 2LT
at anytime during his tour on active duty for training.  The Board also
determined the six supporting statements the applicant submitted, which
attested to his good character were not sufficient to warrant the requested
correction to his record.

3.  The applicant provides a third-party statement as new evidence.  This
statement is from an individual who indicates he is a retired colonel.  He
states that while he was an enlisted man serving in the personnel office,
it was his assigned duty to print the names of individual receiving awards
on the official documents.  He claims that at that time his colonel brought
an extremely big black infantryman to his area and he was introduced to
this infantryman.  He states that while he was preparing the infantryman's
awards, the infantryman told him they were going to make him a 2LT and
present him with a Purple Heart and Bronze Star Medal for his actions in
combat.  He states he again met the infantryman at the VA clinic in Oakland
Park, Florida, when the infantryman was a 2LT and he was a colonel.  He
concludes by stating that the applicant, who he refers to as a 2LT, is now
in poor health and should be allowed to wear the Purple Heart and Bronze
Star Medal.

4.  As indicated in the original Record of Proceedings, 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. The reconstructed record does
not contain a properly constituted separation document (DD Form 214) and
the applicant has failed to provide one; however, it does contain a
Certification of Military Service (NA Form 13038), which was the primary
document of record used to review this case.

5.  The NA Form 13038 on file shows the applicant served on active duty as
a member of the United States Army Reserve from 3 February 1957 through
2 August 1957, at which time he was honorably released from active duty, in
the rank of private.  It further indicates he performed no active duty
service other than for training purposes.  There is no documentary evidence
on file in the applicant's National Personnel Records Center (NPRC) file or
provided by the applicant that confirms active duty service prior to 3
February 1957.

DISCUSSION AND CONCLUSIONS:

1.  The new evidence provided by the applicant was carefully considered.
Although the individual providing the statement indicates the applicant was
serving on active duty during the Korean Conflict, that the applicant
earned the Purple Heart and Bronze Star Medal; and that he was scheduled to
be promoted to 2LT; there is no documentary evidence on file in the
applicant's NPRC file, or provided by the applicant, that confirms this
period of active duty service, or that could be used as a basis to grant
the requested relief.

2.  Absent any evidence of record or independent evidence confirming the
applicant's active duty service during the Korean Conflict, or that
verifies he was promoted to active duty during a prior period of active
duty service, there is a presumption of regularity attached to the NA Form
13038 on file.  As a result, there is an insufficient evidentiary basis to
support granting the requested relief.

3.  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 or that would support
amendment of the original Board decision in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MDM__  __JCR __  __RCH__  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 to amend the decision of
the ABCMR set forth in Docket Number AR20070001664, dated 11 September
2007.




                                  _____Mark D. Manning_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016272                           |
|SUFFIX                  |                                        |
|RECON                   |AR20070001664-2007/09/11                |
|                        |                                        |
|DATE BOARDED            |2008/03/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1957/08/02                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.9213                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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