IN THE CASE OF:	  

		BOARD DATE:	       17 September 2009

		DOCKET NUMBER:  AR20090005653 


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, correction to Item 29 (Record of Current Service) of his Soldier's Qualification Card. 

2.  The applicant states, in effect, that Item 29 of his Soldier's Qualification Card should show he served as a combat infantry rifleman on 6 October 1950, 1 January 1951, 7 April 1951, and 9 October 1951, and not a cook.  He and his former company commander deemed the mistake an administrative error.

3.  In support of his application, the applicant provides copies of his Soldier's Qualification Card and a letter of support from his former company commander.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, amendment to the applicant's Soldier's Qualification Card to show he served as a combat infantry rifleman and not as a cook during the dates of 6 October 1950, 1 January 1951, 7 April 1951, and 9 October 1951.

2.  Counsel states, in effect, that the applicant's former company commander's letter supports this request.  Although the former commander and the applicant did not serve together in Vietnam, they did serve together in combat while in Korea. 

3.  Counsel provides no additional documentation in support of the applicant's 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 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 and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military records show that he enlisted in the Regular Army in pay grade E-1 on 25 April 1950, for 3 years.  He was awarded military occupational specialty (MOS) 1123, medical technician.  He served with the 9th Infantry (Pipeline) from 25 April to 10 August 1950 and with Company I, 7th Infantry Regiment from 11 August 1950 to 14 April 1951.  He was hospitalized from 15 April to 1 July 1951 and returned to Company I, 7th Infantry, on 2 July 1951.

4.  The applicant's available records contain a copy of his Soldier's Qualification Card, and he submits a copy of this card.  The record copy of the card shows in Item 27 (Classification in Military Specialties) he was designated a cook, MOS 1824, on 6 October 1950 and a medical corpsman, MOS 1123, on 4 February 1952.  Item 29 shows he served as a cook on 6 October 1950, was in a patient status on 15 April 1951, served as a cook from 2 July 1951 to 28 October 1951.

5.  The applicant was honorably discharged as a corporal (temporary) on 24 April 1953, at the expiration of his term of service.

6.  The applicant also submits a copy of a letter, dated 15 January 2009, wherein the author stated that he was the company commander of Company I, 7th Regiment, 3rd Division from September 1950 to May 1951.  The individual also stated, in effect, that the applicant was a rifleman in his company and never a cook.  The applicant matured into a good combat Soldier and led by example under difficult conditions.  He promoted the applicant to corporal as a result of his leadership in combat.  The action to correct his records would correct an injustice to a good combat Soldier as a result of an administrative error.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant contends that he served as a combat infantry rifleman on 6 October 1950, 1 January 1951, 7 April 1951, and 9 October 1951.  However, the evidence shows he was designated as a cook on 6 October 1950 and served in that MOS until he was designated as a medical corpsman on 4 February 1952.  There is no evidence of record to show he completed training, was awarded an infantry MOS, and served as a combat infantry rifleman on those dates or at any time during his service.  There appears to be no discrepancy on the entries on the applicant's Soldier's Qualification Card.

3.  All Soldiers were provided basic combat skills training after they entered the Army.  This training was provided to ensure that all Soldiers had the survival skills to perform basic infantry missions when the need arose.  Therefore, the exigencies of combat required non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers were trained to do; however, it is not a basis for awarding them an infantryman MOS.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090005653



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ABCMR Record of Proceedings (cont)                                         AR20090005653



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