BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090011833
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 served on active duty during the Korea War.
2. The applicant states that he would like the State of Maine to recognize he served on active duty during the Korea War.
3. The applicant provides a copy of his DD Form 214 for the period ending
1 June 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 records show he enlisted in the U.S. Army Reserve (USAR) for a period of 3 years on 23 October 1950. He was subsequently called from inactive duty and entered active service in Bangor, ME, on 27 October 1950. He completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 4677 (Military Policeman).
3. The applicant's records also show that upon completion of MOS training, he was initially assigned to the 416th Military Police Company, Fort Jay, NY, and he was subsequently reassigned to the 6219th Reserve Component, Fort Lewis, WA.
4. There is no indication in the applicant's records that he served in Korea or completed any foreign service.
5. The applicant's records further show he was honorably released from active duty on 1 June 1952 and he was transferred to the Enlisted Reserve Corps (ERC) for completion of his Reserve obligation. The DD Form 214 he was issued shows he completed 1 year, 7 months, and 10 days of creditable active service, none of which was foreign service.
6. The Korean War was fought from 25 June 1950 to 27 July 1953.
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 their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 26 (Foreign and/or Sea Service) of the version in effect at the time, showed 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 in which service was performed (e.g. Foreign and/or Seas Service USAREUR or USARV). Additionally, item 38 (Remarks) is used for entries too long for their respective items as well as required entries.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he served on active duty during the Korea War.
2. The evidence of record shows the applicant entered active service on 27 October 1950 and he was honorably separated on 1 June 1952. The DD Form 214 he was issued captures his period of service.
3. The dates for the Korean War are 25 June 1950 to 27 July 1953. Although he did not serve in Korea during the war and is not a Korean War veteran, the applicants service during the period of the Korean War classifies him as a Korean War era veteran.
4. The applicant's desire to obtain State of Maine recognition for his active service during the Korean War era is noted; however, there is no regulatory requirement to make such an annotation on the DD Form 214. Furthermore, 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 evidence that would satisfy that requirement. Therefore, he is not entitled to the requested relief.
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) AR20090011833
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