IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080017502
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, reconsideration of his earlier request that he be promoted to the rank of private first class (PFC) and that he be provided back pay and allowances accordingly.
2. The applicant states, in effect, that the fact he was wounded in action in Korea on 7 October 1951 warrants his promotion to PFC. He indicates that his records were on file at the Army hospital in Osaka, Japan; however, the commander of the 25th Evacuation Hospital in Teagu, Korea, told him that his records were lost.
3. The applicant provides a witness statement and a Korean War Casualty webpage document in support of this reconsideration 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 ABCMR in Docket Number AR20070001678 on 12 July 2007.
2. The applicant provided a witness statement that was not previously considered. This is new evidence that will now be considered by the Board.
3. During its original review, the Board determined that at the time of his release from active duty (REFRAD) on 20 November 1952, the applicant did in fact hold the rank of PFC, which he had attained on 8 February 1952. As a result, the Board found no basis to provide him back pay and allowances.
4. The applicant provides a witness statement from an individual who indicates that he was assigned for duty with the applicant in Korea in 1951. He also states that they were both wounded in combat and he supports the applicants claim that he should have been promoted to the rank of PFC.
5. 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 (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using a reconstructed NPRC file that includes his DD Form 214 (Report of Separation from the Armed Forces of the United States) and the documents provided by the applicant.
6. The applicants DD Form 214 shows that he was inducted into the Army of the United States and entered active duty on 14 February 1951 and that he was trained in, awarded, and served in military occupational specialty 4345 (Light Truck Driver/Dispatcher). Item 3 (Grade-Rate-Rank and Date of Appointment) contains an entry confirming he was appointed to the rank of PFC on 8 February 1952 and that this was the rank he held on the date of his separation from the Army.
7. On 20 November 1952, the applicant was honorably separated from active duty after completing 1 year and 9 months of active military service. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document confirms that during his active duty tenure, he earned the Combat Infantryman Badge, Korean Service Medal with 2 bronze service stars, United Nations Service Medal, and Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his military record should be corrected to show he was promoted to PFC and he be provided all back pay due as a result of said correction has been carefully considered. However, the evidence of record confirms he was promoted to the rank of PFC on 8 February 1952, and that this was the rank he held on the date of his REFRAD, which was 20 November 1952.
2. Given the applicant's separation document accurately reflects his rank as PFC in item 3 of his DD Form 214, there is no evidence of an error or injustice related to his rank in the existing reconstructed file. Absent evidence to the contrary, it must be presumed he was properly paid based on this rank at the time of his REFRAD on 20 November 1952 and, therefore, 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
____x___ ___x____ ___x____ 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 AR20070001678 dated 12 July 2007.
___________x______________
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) AR20080017502
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ABCMR Record of Proceedings (cont) AR20080017502
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