IN THE CASE OF:	  

		BOARD DATE:	       18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013343 


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, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected by:

	a.  showing three bronze service stars to be affixed to his already-awarded Korean Service Medal;

	b.  correcting item 9 (Place of Separation) to read the 1092d Engineer Combat Battalion instead of Separation Section, 101st Airborne Division, Camp Breckinridge, Kentucky; and

	c.  correcting item 28 (Most Significant Duty Assignment) to read the 1092d Engineer Combat Battalion instead of Company B, 501st Airborne Medical Battalion, Camp Breckenridge, Kentucky.

2.  The applicant essentially states that he participated in the UN Summer-Fall Offensive campaign from 9 July 1951 through 21 November 1951.  He also states that he was not in the 101st Airborne Division and that his most significant duty assignment was not with the 501st Airborne Medical Battalion.

3.  The applicant provides copies of his WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) which covered his active duty service from 4 September 1946 through 18 November 1947; his DD Form 214 for his active duty service from 21 October 1950 through 15 November 1951; an electronic mail message, dated 5 April 2007; and two letters, dated 28 July 2008 and 1 August 2008, from the Summit County Veterans Service Commission in support of this 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  This case is effectively being considered using information provided by the applicant.

3.  The available records show that the applicant enlisted in the Regular Army on 4 September 1946.  He departed the continental United States on 2 December 1946 for the Mediterranean theater of operations, and arrived there on 12 December 1946.  He returned to the continental United States on 14 November 1947 and was honorably released from active duty on 18 November 1947.  On 21 October 1950 he again entered active duty and served 8 months and 19 days of foreign and/or sea service for which he was awarded the Korean Service Medal with two bronze service stars.  On 15 November 1951, he was honorably released from active duty.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Korean Service Medal with two bronze service stars, but the applicant essentially requested that another bronze service star be affixed to this medal.  The applicant's DD Form 214 shows that he served 8 months and 19 days of foreign and/or sea service.  However, based upon the extremely limited information in his remaining military records, his exact service dates in Korea and entitlement to any additional bronze service stars for his Korea Service Medal, could not be conclusively established.

5.  Item 9 of the applicant's DD Form 214 shows that he was separated at the Separation Section, 101st Airborne Division, Camp Breckinridge, Kentucky.  The applicant requested that this item be changed to show that he was separated at the 1092d Engineer Combat Battalion; however, there is insufficient evidence in the available records to conclusively establish that he was ever assigned to the 1092d Engineer Combat Battalion.

6.  Item 28 of the applicant's DD Form 214 shows that his most significant duty assignment was with Company B, 501st Airborne Medical Battalion, Camp Breckenridge, Kentucky.  The applicant requested that this information be changed to show that his most significant duty assignment was with the 1092d Engineer Combat Battalion; however, there is insufficient evidence in the available records to conclusively establish that he was ever assigned to the 1092d Engineer Combat Battalion.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant's DD Form 214 shows that he served 8 months and 19 days of foreign and/or sea service and was awarded the Korean Service Medal with two bronze service stars, his exact service dates in Korea cannot be conclusively established with the limited amount of information in the available records.  Regrettably, as a result, there is insufficient basis for granting relief to this portion of the applicant's request.

2.  While the sincerity of the applicant's claim that his place of separation was the 1092d Engineer Combat Battalion is not questioned, there is no evidence in the available records and the applicant failed to provide evidence that he was assigned to this unit at the time of his separation.  Additionally, item 9 of the applicant's DD Form 214 is to show the place of his separation, not the unit to which he was assigned.  Regrettably, in view of the foregoing, there is insufficient basis for correcting item 9 of his DD Form 214.

3.  Additionally, while the sincerity of the applicant's claim that his most significant duty assignment was with the 1092d Engineer Combat Battalion is not questioned, there is no evidence in the available records and the applicant failed to provide any evidence which shows that he was ever assigned to this unit.  Regrettably, absent such evidence, there is insufficient basis for correcting item 28 of this DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States, especially during the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20080013343



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ABCMR Record of Proceedings (cont)                                         AR20080013343



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