BOARD DATE: March 9, 2010
DOCKET NUMBER: AR20090015393
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 of his military records to show that he served in the Republic of Korea between 1953 and 1954.
2. The applicant states that he served with the 418th Airborne Division in the Republic of Korea. He needs to show this service to substantiate his cold injuries.
3. The applicant provides no additional documentation 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 applicant's DD Form 230 (Service Record) shows that he entered active duty service on 13 January 1953. His assignments were as follows.
a. C Company, 5422 Army Service Unit (ASU), located at Fort Sheridan, IL from 13-28 January 1953.
b. 7th Armored Division, located at Camp Roberts, CA from 29 January 1953 to 29 July 1953.
c. L Company, 29th Infantry Regiment, located in Okinawa, from 30 July to
3 November 1954.
d. Headquarters and Headquarters Company, 29th Infantry Regiment, located in Okinawa, from 4-19 November 1954.
e. Personnel Center, 5043 ASU, located at Fort Sheridan from 3-8 December 1954.
3. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) effective 8 December 1954. He had completed 1 year, 10 months, and 16 days of creditable active duty service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he served in the Republic of Korea.
2. The available records do not show and the applicant did not provide any evidence to show that he served in the Republic of Korea.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20090015393
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ABCMR Record of Proceedings (cont) AR20090015393
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