IN THE CASE OF:	  

		BOARD DATE:	    3 February 2011

		DOCKET NUMBER:  AR20100018994 


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 his most significant duty assignment as Company F, 65th Infantry Regiment, attached to the 7th Army in Europe and the 3rd Infantry Division in Korea.  He also requests correction of his DD Form 214 to show he was awarded the "Korea Combat Batch" and the "Korea Campaign Medal."

2.  The applicant states:

* he believes there was a misconception that he was in the Army National Guard, 296th Infantry, instead of the Company F, 65th Infantry, which was Regular Army (RA)
* he is sure that he belonged to the 65th Infantry
* he would like to have his grave stone show that he belonged to Company F, 65th Infantry Regiment in the RA

3.  The applicant provides:

* an Honorable Discharge Certificate, dated 5 December 1945
* a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), dated 5 December 1945
* a WD AGO From 100 (Separation Qualification Record) dated                   5 December 1945
* a DD Form 214, dated 15 December 1951
* 
an Honorable Discharge Certificate, dated 15 December 1951
* photographs of the Bronze Star Medal
* a photograph of a Bronze Star "Batch" Certificate
* a photograph of a World War II "Batch"
* a photograph of an American Campaign "Batch"
* a photograph of a European-African-Middle Eastern Campaign "Batch"
* a photograph of a Rifleman "Batch"
* a photograph of different campaign ribbons
* a photograph of his name tags
* photographs of "other batches"
* a photograph of patches

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 requested that the "Korea Combat Batch" and the "Korea Campaign Medal" be added to his DD Form 214.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  This regulation does not show the "Korea Combat Batch" or the "Korea Campaign Medal" as authorized awards.  There is also no evidence the applicant served in Korea.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  

3.  The applicant’s military records are not on file.  Information contained herein was obtained from alternate sources which consist of the documentation submitted by the applicant.

4.  He was inducted into the Army of the United States and entered active service on 29 September 1943.  He completed training as a rifleman.
5.  He was honorably discharged on 5 December 1945 by reason of demobilization.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the following awards:

* American Theater Service Medal
* European-African-Middle Eastern Theater Service Medal with three bronze service stars
* Army Good Conduct Medal
* Four Overseas Service Bars
* World War II Victory Medal
* Combat Infantryman Badge
* Lapel Button

6.  His WD AGO Form 53-55 also shows his organization as Company K, 65th Infantry.  The Honorable Discharge Certificate he received for this period of service shows his unit of assignment as Company K, 65th Infantry.  His WD AGO Form 100, dated 5 December 1945, shows he was assigned to the 65th Infantry Regiment and that he was awarded the "Infantry Combat Batch."

7.  The applicant enlisted in the Regular Army (RA) on 16 December 1946.  He was honorably discharged on 15 December 1951, at the expiration of his term of service.  He completed 5 years of net active service this period.  

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Combat Infantryman Badge
* American Theater Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal
* European-African- Middle Eastern Campaign Medal with three bronze service stars

9.  Item 28 (Most Significant Duty Assignment) shows the entry "Company C 296th Infantry."

10.  Army Regulation 15-185 (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 ABCMR.  The regulation provides 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 available evidence does not support his contention that the most significant duty assignment shown on his DD Form 214 is incorrect.

2.  The available evidence shows that during his initial entry on active duty, he was assigned to Company K, 65th Infantry Regiment.  The evidence he submits also shows that after he enlisted in the RA, he was assigned to Company C, 296th Infantry, at least as of the date of his separation in December 1951.  Absent official documentation to the contrary, it must be presumed that the most significant duty assignment (i.e., his last duty assignment) shown on his DD Form 214 for the period 16 December 1946 through 15 December 1951 is correct as currently reflected.

3.  Therefore, in view of the foregoing the applicant’s requests should be denied.

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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100018994



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