IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20080002508
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that item 15 (Inducted) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show
25 January 1952 instead of 25 January 1954.
2. The applicant states that his date of induction was 25 January 1952.
3. The applicant provides a copy of his DD Form 214.
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. Item 15 on the applicants DD Form 214 shows he was inducted on 25 January 1954.
4. Item 19 (Date and Place of Entry into Active Service) on the applicants DD Form 214 shows he entered active duty on 25 January 1952 in Columbus, Ohio. He was released from active duty on 24 January 1954 and transferred to the U.S. Army Reserve for completion of his service obligation.
5. Item 22 (Net Service Completed for Pay Purposes This Period) on the applicant's DD Form 214 shows he completed 2 years of service.
DISCUSSION AND CONCLUSIONS:
The entry in item 19 on the applicants DD Form 214 which shows he entered active duty on 25 January 1952 and the entry in item 22 which shows he completed 2 years of service are sufficient evidence on which to amend item
15 on his DD Form 214 to show 25 January 1952.
BOARD VOTE:
___XX___ __XX____ ___XX__ 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 15 on his DD Form 214 to show he was inducted on 25 January 1952.
_________XX___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080002508
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080002508
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090001022
Effective 1 January 2006, the U.S. Army was authorized to award the ROK-KWSM to eligible U.S. Army veterans or their next of kin. The letter from VA provided by the applicant and the entry on the Korean Casualty Roster are accepted as sufficient evidence as a basis to correct his DD Form 214 to show award of the Purple Heart. _________XXX________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2006 | 20060015212
The applicants Service Record shows he was promoted to SGT (T) on 18 January 1954. His DD Form 214 shows he was separated in the rank of SGT (T) with a date of rank of 18 June 1954. However, his Service Record shows he was promoted to SGT (T), E-5 on 18 January 1954 and his Enlisted Qualification Record shows his pay grade status as E-5 on 18 January 1954.
ARMY | BCMR | CY2006 | 20060012256C071029
The applicant states, in effect, he was wounded in action in Korea on 24 October 1952, but the PH is not included in the list of awards contained in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2011 | 20110009364
The applicant's military records are not available to the Board for review. There are no service personnel records for the applicant which show that he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for injuries received in action on 25 October 1952; b. amending item 27 of his DD Form 214 for the period ending 16 October 1953 to add: * Purple Heart *...
ARMY | BCMR | CY2007 | 20070000024
The applicants military records are not available to the Board for review. The medical evidence of record and the entry on the Korean Casualty Roster which show the applicant was wounded in action on 20 September 1952 in Korea are accepted as sufficient evidence on which to amend items 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and 29 on his DD Form 214. The applicant served a period of qualifying service for award of the...
ARMY | BCMR | CY2014 | 20140003271
The applicant's military records are not available to the Board for review. His DD Form 214 shows: * he was promoted to the temporary rank of corporal on 11 November 1951 * he completed 11 months and 6 days of foreign service * he earned the following awards: * Korean Service Medal with 1 bronze service star * United Nations Service Medal * Army of Occupation Medal (Japan) 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2011 | 20110015282
The applicant requests correction his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the Purple Heart for wounds sustained on 22 June 1951; and b. by amending his DD Form 214 for the period ending 21 July 1952 to...
ARMY | BCMR | CY2006 | 20060007811C070205
The applicant states that while engaged in combat in Korea he was wounded on 7 July 1952 and on 14 October 1952 by enemy fire and was awarded the Purple Heart at that time. The medical evidence of record and the entries on the Korean War Casualty Roster which show the applicant was wounded in action on 7 July 1952 and on 14 October 1952 in Korea are accepted as sufficient evidence on which to base two awards of the Purple Heart and correction of item 27 on his DD Form 214. As a result, the...
ARMY | BCMR | CY2013 | 20130020463.
The applicant requests correction of his date of birth (DOB) in item 10 (DOB) of his DD Form 214 (Report of Separation from the Armed Forces of the United States). The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 10 of his DD Form 214the current entry and replacing it with the DOB as shown on his birth certificate.
ARMY | BCMR | CY2008 | 20080010215
The applicant requests correction of his military records to show award of the Combat Infantryman Badge and the Korea Defense Service Medal. Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends denial of so much of the application that pertains to adding the Combat Infantryman Badge...