IN THE CASE OF:	  

		BOARD DATE:	       12 March 2009

		DOCKET NUMBER:  AR20080018230


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected in Block 28 (Most Significant Duty Assignment) to show “1745 Co E 180th INF RGT 45th ID” and “1745 35th INF RGT 25th ID.”

2.  The applicant states he was an infantryman with MOS (military occupational specialty) 1745 and he served with Company E, 180th Infantry Regiment, 45th Infantry Division, and the 35th Infantry Regiment, 25th Infantry Division.  He was only assigned to Company B, 185th Engineer Combat Battalion (ECB) temporarily as he prepared to return from Korea to the United States.  He adds he has hearing loss and the Department of Veterans Affairs (DVA) is reluctant to grant service-connection unless he can prove he was an infantryman.

3.  The applicant provides:

	a.  a personal letter, dated 3 October 2008;

	b.  a copy of his DD Form 214; and

	c.  a letter to the Army Review Boards Agency, dated 16 October 2008.





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 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 in 1973.  It is believed that the applicant’s 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’s DD Form 214 shows:

	a.  he was inducted into the Army of the United States on 28 January 1953 from New York, NY;

	b.  following initial entry training, he was transferred to the Far East Command and Korea, where he served for 1 year, 4 months, and 29 days;

	c.  he was awarded the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, and the National Defense Service Medal;

	d.  his most significant assignment was as an intermediate speed radio operator (MOS 1740) with Company B, 185th ECB, a non-divisional engineer unit;

	e.  he was not wounded; and

	f.  he returned to the United States at Camp Kilmer, NJ, where he was honorably released from active duty on 9 December 1954, and completed 1 year, 10 months, and 12 days of creditable active service.  He was subsequently transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.
4.  A DA Form 1 (Morning Report) for Company E, 185th Infantry Regiment, 45th Infantry Division, for the 24-hour period on 3 August 1953, shows the applicant as “assigned and not joined” in transit from the 45th Replacement Company.  A DA Form 1 shows he joined the unit from “in transit” on 7 August 1953.  His MOS is shown as 1745, infantryman.

5.  Army Reserve Special Order Number 7, Headquarters, New York Military District (Army Reserve), New York, NY, dated 11 January 1955, shows the applicant as having a primary MOS of 1740 and a secondary MOS of 1745.

6.  Special Regulation 615-360-1 (Enlisted Personnel – Discharge Procedures and Preparation of Separation Forms), dated 20 June 1950, prescribed the policies and procedures for completing the DA Form 214 for enlisted Soldiers.  In pertinent part, it stated that the last unit or similar element to which the Soldier was assigned would be entered in Block 28.  Although Block 28 is entitled “Most Significant Duty Assignment,” this item was used for both officers and enlisted personnel.  Only officers received an entry for “most significant” assignment; enlisted Soldiers received an entry for last unit to which assigned.

7.  Special Regulation 615-360-1 was superseded by Army Regulation 635-5.  As a result, the DD Form 214 changed; the most significant assignment block was replaced by last assignment, as determined by the Soldier’s personnel records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Block 28 of his DD Form 214 should reflect he was an infantryman assigned to Company E, 180th Infantry Regiment, 45th Infantry Division, and the 35th Infantry Regiment, 25th Infantry Division.

2.  Block 28 of the version of the DD Form 214 in effect in 1954 is labeled “MOST SIGNIFICANT DUTY ASSIGNMENT [emphasis added].”  Therefore, only one assignment may be entered in this block and, for enlisted Soldiers, this was to be the last unit to which assigned.

3.  The applicant’s records show he was an infantryman assigned to Company E, 185th Infantry Regiment, 45th Infantry Division; however, he most certainly was temporarily assigned to Company B, 185th Engineer Combat Battalion only for separation purposes.  Therefore, it appears his DD Form 214 should be corrected to show, in Block 28, he held MOS 1745 and was a member of Company E, 185th Infantry Regiment, 45th Infantry Division.  Therefore, his DD Form 214 should be corrected to read, “1745  CO E  185th INF RGT  45th ID.”


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 from block 28 of his DD Form 214 the entry "1740  Co B  185th ECB"; and
   
   b.  adding to block 28 of his DD Form 214 the entry "1745  CO E  185th INF RGT 45th ID.”

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 including in block 28 of his DD Form 214 more than one most significant duty assignment.


															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)                                         AR20080018230



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ABCMR Record of Proceedings (cont)                                         AR20080018230



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