IN THE CASE OF:
BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090019167
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 item 5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
* His DD Form 214 shows his MOS was 1816 (clerk/personnel administrative supervisor); however, he served two years in Korea in MOS 1602 (antiaircraft artillery (AAA) automatic weapons (AW) chief)
* He only served in MOS 1816 during the last year of his service (November 1952 to November 1953)
* His initial MOS was 3603 (AAA AW cannoneer)
* In Korea he became a squad leader in MOS 1602
3. The applicant provides:
* DD Form 214
* Statement of support
* Three photographs of Soldiers
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 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 applicants 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 enlisted in the Regular Army on 9 November 1950 for a period of 3 years. He served in Korea and was honorably released from active duty on
8 November 1953.
4. Item 5 on the applicants DD Form 214 shows the entry 1816.
5. There is no evidence of record which shows the applicant was awarded MOS 1602.
6. In support of his claim, the applicant provided a statement of support from a fellow Soldier at the time in question. He attests he served with the applicant for two years and they served in Japan and Korea. He states the applicant was a cannoneer, then a gunner, and then a squad leader. He contends they deployed in December 1951 and were rotated out in November 1952 and they were involved in thousands of firing missions during this time. He also provided two photographs of Soldiers on tanks and one photograph of what appears to be Soldiers in a convoy.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served his first two years of service in MOS 1602 and his last year in MOS 1816. He wants item 5 on his DD Form 214 corrected to show MOS 1602.
2. There is no evidence of record which shows the applicant was awarded MOS 1602. In the absence of MOS orders, the statement of support and the photographs provided by the applicant are not sufficient as a basis for amending item 5 on his DD Form 214. More importantly, the DD Form 214 is normally a record of a member's service at the time of separation. The applicant acknowledged that he served in MOS 1816 during his last year of service
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) AR20090019167
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019167
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002075345C070403
The applicant requests correction of item 5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show Anti-Aircraft Artillery Gun Crewman instead of “1500 Recreation Supv” [supervisor]; correction of item 28 (Most Significant Duty Assignment) to show Anti-Aircraft Artillery Gun Crewman instead of “Recreation Supv”; and correction of item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign...
ARMY | BCMR | CY2010 | 20100013964
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. However, there is no evidence in the available record nor has the applicant provided sufficient evidence which shows he was wounded or treated for wounds due to hostile action.
ARMY | BCMR | CY2013 | 20130011748
The applicant's complete military records are not available for review. The applicant' record contains a DD Form 214 (Report of Separation from the Armed Forces of the United States) which shows that he was inducted into the Army of the United States on 20 November 1951. Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a...
ARMY | BCMR | CY2014 | 20140016462
The applicant requests award of the Combat Infantryman Badge (CIB), Purple Heart, and the Korean Service Medal (KSM) with three bronze service stars. He states he should have been awarded the CIB and the KSM with three bronze service stars. There is no evidence in the available record and the applicant provides insufficient evidence to show he was eligible for award of the CIB.
ARMY | BCMR | CY2012 | 20120003767
The FSM's military records are not available to the Board for review. c. A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump. Adding the: * National Defense Service Medal * Parachutist Badge with two bronze service stars * Republic of Korea Presidential Unit Citation * Republic of Korea War Service Medal _______ _x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2005 | 20050000092C070206
The applicant states, in effect, he would like the Board to consider the same findings and conclusion to his case as it did with a fellow Soldier who was awarded the Bronze Star Medal in 1995 by the Board. There is no evidence, or reason to believe, that the applicant's service in Korea during this period was any less meritorious than those individuals in his unit who were subsequently awarded the Bronze Star Medal for their services between July and November 1950. As a result, the Board...
ARMY | BCMR | CY2009 | 20090015264
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090003893 on 4 August 2009. During its original review of the case, the Board determined there was insufficient evidence confirming the applicant's assignment to the 29th AAA Battalion. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110015448
Counsel requests, in effect, correction of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all awards he is entitled to and issuance of his awards. His DD Form 214 shows in: * item 26 (Foreign and/or Sea Service) - 1 year, 4 months, and 17 days * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) * Korean Service Medal (KSM) with two bronze service stars * United Nations Service...
ARMY | BCMR | CY2013 | 20130015432
Item 27 of the applicant's DD Form 214 shows he earned the following awards: * Korean Service Medal with 2 bronze service stars * United Nations Service Medal 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st award) for the period 8 January 1951 through 8...
ARMY | BCMR | CY2011 | 20110006359
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in: * item 12 (Last Duty Assignment and Major Command) HQ BTRY, 15 AAA, AW, BN, SP 7th INF DIV * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Korean Service Medal (KSM) * item 18 (intended to mean item 28 ((Service...