DOCKET NUMBER:  AR20090003687 


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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in Korea.

2.  The applicant states that he served with Company C, 19th Infantry, 24th Infantry Division, in 1956 and 1957 and that Korea is left off his DD Form 214.  He would like it corrected so he may join organizations such as Veterans of Foreign Wars.

3.  The applicant provides a copy of his DD Form 214, dated 22 August 1958, and a copy of a letter, dated 28 January 2009, from the National Personnel Records Center in support of his request.

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 he enlisted in the Regular Army for a period of 3 years on 25 August 1955.  This form also show at the time of his separation, he held military occupational specialty 111.10 (Light Weapons Infantry) and was assigned to Company B, 2nd Brigade, 30th Infantry, Fort Sill, OK.

4.  The applicant’s DD Form 214 shows that he completed 2 years, 11 months, and 28 days of creditable military service; 1 year, 3 months, and 26 days of which was foreign service.  He was honorably separated in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve on 22 August 1958.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show any awards that may suggest he served in Korea.

6.  There is no indication in other parts of the applicant's DD Form 214 that he served in Korea.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The version of the regulation in effect at the time states, in pertinent part, that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (for example, USAREUR, USARPAC, etc.) in which the service was performed would be entered in item 24c and that the remarks section is used for entries authorized by Headquarters, Department of the Army, for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Korea.
2.  There is no evidence in the applicant's reconstructed record and the applicant did not provide sufficient evidence which shows the period of foreign service shown on his DD Form 214 was served in Korea.  Regrettably, in the absence of further documentary evidence that shows the dates of service in Korea, there is insufficient evidence to grant him the requested relief in this case.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit sufficient evidence that would satisfy that requirement.  Therefore, there is insufficient evidence to correct his DD Form 214.

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.



      ___________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)                                         AR20090003687



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ABCMR Record of Proceedings (cont)                                         AR20090003687



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