IN THE CASE OF:
BOARD DATE: 19 FEBRUARY 2009
DOCKET NUMBER: AR20080011555
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 the second digit in item 2 (Service Number) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected. He also requests that item 29 (Wounds Received as a Result of Action with Enemy Forces) be corrected to show he had hemerogic fever in July 1952.
2. The applicant states that the second digit of his service number is 2. He also states that while on night time patrol in the forward observation post he was bitten by a rat carrying the disease and he feels that it should have been included on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 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 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 on 21 March 1952. He served as an infantryman in Korea and was honorably released from active duty on 23 December 1953 and transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.
4. Item 2 on the applicant's DD Form 214 shows the second digit is 5. His DD Form 214 shows he was awarded the Purple Heart and item 29 on his DD Form 214 shows that he was wounded on 14 October 1952 in Kumwha Valley.
5. The Korean Casualty File and the U.S. Army SGO [Surgeon General Office] Hospitalization File Listing for 1950-53 (Korea) show the second digit of the applicants service number is 2.
DISCUSSION AND CONCLUSIONS:
1. The Korean Casualty File and the U.S. Army SGO Hospitalization File Listing for 1950-53 (Korea) which show the second digit of the applicants service number is 2 are accepted as sufficient evidence in which to amend item 2 on his DD Form 214.
2. Since item 29 on the DD Form 214 lists wounds received as a result of action with enemy forces, and the applicant contends that he was bitten by a rat carrying a disease which caused his hemerogic fever, there is no basis for amending item 29 on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the second digit in item 2 on his DD Form 214; and
b. adding the entry 2 as the second digit in item 2 on his DD Form 214.
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 amending item 29 on his DD Form 214.
__________XXX____________
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) AR20080011555
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ABCMR Record of Proceedings (cont) AR20080011555
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