IN THE CASE OF:
BOARD DATE: 27 January 2010
DOCKET NUMBER: AR20090012695
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in Korea. He also requests that his DD Form 214 be corrected to show his active duty awards and military schooling.
2. The applicant states, in effect, that his DD Form 214 does not show his service in Korea, his active duty medals, or his military schooling.
3. The applicant provides a copy of his DD Form 214 that was issued on
18 March 1958.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel provides no additional evidence, arguments, or comments beyond what is on the DD Form 149 (Application for Correction of Military Records).
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. The DD Form 214, provided by the applicant, is the only official document available.
3. The official dates of the Korean Conflict are from 27 June 1950 to 27 July 1953.
4. The applicant served on active duty in the Regular Army from 26 February 1955 through 18 March 1958 in the military occupational specialty of 111.10 (Light Weapons Infantryman). His DD Form 214 shows he completed 3 years and 23 days of active service and 1 year, 3 months, and 24 days was foreign or sea service. Block 26 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states "None" and block 28 (Service Schools) states "None."
5. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 does not show his service in Korea, his active duty medals, or his military schooling.
2. The applicant does not specify what awards he is requesting. Without some official documentation to show he was officially authorized or awarded a personal decoration or that he served with a unit that was authorized an award when he was assigned to the unit, it is impossible to determine what he is authorized.
3. There is no official documentation available to show where the applicant was assigned, specifically where he served during the period designated as foreign service on his DD Form 214. Additionally, there is no evidence available to show he attended any military training courses that are eligible for entry on his
DD Form 214. Without some type of corroborating evidence the applicant has failed to prove an error or injustice exists by a preponderance of the evidence.
4. 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.
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) AR20090012695
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ABCMR Record of Proceedings (cont) AR20090012695
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