IN THE CASE OF:
BOARD DATE: 07 MAY 2009
DOCKET NUMBER: AR20090002170
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he completed the Medical Field Service School in 1950 instead of 1951.
2. The applicant states that he was on active duty in Japan in May 1951.
3. The applicant provides a copy of his DD Form 214, dated 29 May 1952, 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. With prior service in the California Army National Guard (CAARNG), the applicants DD Form 214 shows he was called from inactive duty and entered active service as a sergeant (SGT) in Los Angeles, CA, on 1 September 1950. This form also shows that at the time of separation, he held military occupational specialty (MOS) 1666 (Medical Aidman) and that his most significant assignment was with the Medical Company, 160th Infantry Regiment.
4. The applicant's DD Form 214 also shows he was honorably released from active duty to the control of his CAARNG unit on 29 May 1952. He completed 1 year, 8 months, and 29 days of active service during this period and 1 year,
1 month, and 26 days was foreign-service.
5. Item 30 (Service Schools or College Training Courses and/or Post Graduate Courses Successfully Completed) of his DD Form 214 shows he attended and completed the Medical Technician Course at the Medical School, Fort Sam Houston, TX, from February 1951 to April 1951.
6. Item 38 (Remarks) of his DD 214 shows he served in Korea from 11 January to 5 May 1952.
7. Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he completed the Medical Field Service School in 1950 instead of 1951.
2. The applicants noble desire to organize his documents is noted. Furthermore, the applicants Japan/Korea and overall service is also noted. However, there is no evidence in the applicants reconstructed record and the applicant did not provide any evidence that shows he completed the medical course in 1950 instead of 1951.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the date the applicant completed the medical course.
4. A copy of this decisional document, along with the applicants application will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the different dates, and adequately document the year he completed the medical course in his record.
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 for correction of the records of the individual concerned.
_______ _ 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) AR20090002170
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090002170
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110012767
The applicant requests reconsideration of his request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army of Occupation Medal with Japan Clasp and the Korean Service Medal he is authorized based on his overseas service. Records show: a. the applicant served on active duty from 17 April 1951 through 3 April 1953; b. the 70th Tank Battalion served in Korea during the Korean War and the last campaign the battalion...
ARMY | BCMR | CY2012 | 20120003612
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of any awards and decorations to which he is entitled, to include the: * National Defense Service Medal * United Nations Service Medal (Korea) * Army Good Conduct Medal * Korean Service Medal with all bronze service stars * Republic of Korea Korean (War) Service Medal * Republic of Korea Presidential Unit Citation * Army of Occupation Medal with Japan Clasp *...
ARMY | BCMR | CY2013 | 20130015029
Application for correction of military records (with supporting documents provided, if any). As new evidence, he provided his self-authored military history, photographs, a Domain of the Golden Dragon certificate, an Engineer School Course completion certificate, and a VA letter, dated 15 July 2013. The applicant's complete military records are not available to the Board for review.
ARMY | BCMR | CY2011 | 20110016804
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and, in effect: * Republic of Korea (ROK) Presidential Unit Citation * United Nations Service Medal * Korean Service Medal with one silver service star * Army Good Conduct Medal * Army of Occupation Medal with Japan Clasp 2. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service...
ARMY | BCMR | CY2002 | 2002070294C070402
The Board also noted that the applicant's DD Form 214 prepared at the time of his separation from the Army, which he authenticated in his own hand, shows that he was not entitled to award of the Purple Heart and that he was not wounded as a result of engagement with an armed hostile enemy. The Board also noted that there is no evidence in the applicant's service personnel or medical records that would support his contention that he was wounded in action during the Korean War. The applicant...
ARMY | BCMR | CY2014 | 20140003271
The applicant's military records are not available to the Board for review. His DD Form 214 shows: * he was promoted to the temporary rank of corporal on 11 November 1951 * he completed 11 months and 6 days of foreign service * he earned the following awards: * Korean Service Medal with 1 bronze service star * United Nations Service Medal * Army of Occupation Medal (Japan) 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2014 | 20140021326
Army regulations clearly state the requirement for award of the Army of Occupation Medal is that one must serve in Japan for 30 consecutive days during the period 3 September 1945 to 27 April 1952. The applicant's complete military records are not available to the Board for review. e. The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.
ARMY | BCMR | CY2010 | 20100018239
The applicant's service record shows he served in Korea from 8 July 1950 through 14 May 1951. The applicant's DD Forms 214 for the periods ending 26 March 1952 and 30 September 1968 show the Korean Service Medal with three bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the United Nations Service Medal to his DD Form 214 for the period ending 26 March 1952; b. deleting the Korean Service...
ARMY | BCMR | CY2013 | 20130021220
The applicant requests award of the Army Good Conduct Medal and the Combat Medical Badge. The applicant served a qualifying period of service for award of the National Defense Service Medal; therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the period 30 June 1949 through 29 June 1952 * adding to his...
ARMY | BCMR | CY2010 | 20100000056
The applicants military records are not available to the Board for review. The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years and entered active duty in Fayetteville, NC, on 15 September 1948. As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by awarding him the Good Conduct Medal (1st award) for the period 15 September 1948 through 14 September 1951 and adding it to his DD Form 214.