IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080015409
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 item 5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he was an intelligence and reconnaissance sergeant; that item 28 (Most Significant Duty Assignment) be changed to show Headquarters and Headquarters Company, 2nd Battalion, 35th Regiment Combat Team, 25th Division, 8th Army; and that item 40 (V.A. [Veterans Administration] Benefits Previously Applied for/Compensation, Pension, Insurance Benefits, Etc.) be changed to show 10 percent disability.
2. The applicant states, in effect, that he served in combat in Korea with the 25th Division, intelligence and reconnaissance platoon not the rifle infantry company. He contends that he received combat citations, medals, and subsequent combat pay (foxhole pay) after his separation from active duty. He also states that Company L, 506th Infantry Regiment was not in Korea and that he was assigned to this unit after he returned from Korea pending his separation. He goes on to state that his military occupational specialty (MOS) as an intelligence and reconnaissance platoon member was sergeant or higher, that at no time during his 10 months and 22 days of combat was he assigned to an infantry rifle company, and that upon his separation he received 10 percent disability as the result of hypertension.
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. The applicant was inducted into the Army of the United States on 9 March 1951. He served in Korea and was honorably released from active duty on
8 December 1952.
4. Item 5 on the applicants DD Form 214 shows the entry, 4745 [rifleman]. Item 28 on his DD Form 214 shows the entry, Co [Company] L 506th Inf [Infantry] Regt [Regiment]. Item 40 on his DD Form 214 shows the entry None.
5. There is no evidence of record which shows the applicant was awarded an intelligence and reconnaissance sergeant MOS.
6. There is no evidence of record which shows the applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 35th Regiment Combat Team, 25th Division, 8th Army.
7. There is no evidence of record which shows the applicant received 10 percent disability from the VA prior to his release from active duty.
8. Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. The regulation specifically stated the last unit, or similar element, to which assigned for duty rather than the element of which an individual was a part while moving to a separation point would be entered in item 28.
DISCUSSION AND CONCLUSIONS:
1. Since there is no evidence of record which shows the applicant was awarded an intelligence and reconnaissance sergeant MOS, there is no basis for granting the applicant's request to amend item 5 on his DD Form 214.
2. There is no evidence of record which shows the applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 35th Regiment Combat Team, 25th Division, 8th Army during his assignment in Korea. Regrettably, there is no basis for granting the applicant's request to amend item 28 on his DD Form 214.
3. There is no evidence of record which shows the applicant received 10 percent disability from the VA prior to his release from active duty. Therefore, there is no basis for granting his request to amend item 40 on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 for correction of the records of the individual concerned.
______________________
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) AR20080015409
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