IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100019388
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 reflect the awards that he is due as a result of his service in the Korean Conflict in 1951.
2. The applicant states he was stationed in Kumwha Valley and he served with
1st Cavalry Division for a period of 6 months. He also states in a letter to his Congressional Representative that his DD Form 214 should show his rank as a sergeant (SGT), that his awards should reflect three bronze stars and that he should have been awarded the Combat Infantryman Badge, the Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.
3. The applicant provides two pages from his Department of Veterans Affairs (VA) Rating Decision and a copy of his DD Form 214 dated 15 April 1958.
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 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 to conduct a fair and impartial review of this case.
3. The available evidence contains a Certification of Military Service showing the applicant served honorably from 1 March 1951 to 11 December 1952 and he was discharged in the rank of corporal/E-4.
4. The DD Form 214 provided with the application shows he enlisted in the Regular Army in the rank of corporal on 12 December 1952. He served as a cook and he served 1 year, 9 months and 25 days of foreign service. He was honorably discharged on 15 April 1958 in the rank of SP2 (E-5) which is the equivalent rank of SGT.
5. His DD Form 214 issued at the time of his discharge and signed by the applicant indicates he was awarded the National Defense Service Medal, the Army of Occupation Medal (Japan) and the Good Conduct Medal. He had served 7 years, 1 month, and 14 days of total active service. There is no evidence that he served in Korea.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that information used in the preparation of the DD Form 214 will be obtained from official records.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served in Korea during the Korean War is not in doubt, the available evidence is insufficient to support his contention. Therefore, the evidence is insufficient to correct his record to show to show any additional awards.
2. It is also difficult at best to determine 50+ years after the fact exactly where the applicant served given that his records were destroyed in the 1973 fire.
3. Accordingly, it must be presumed that the applicants records were correctly prepared at the time of discharge and absent evidence to show otherwise, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20100019388
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ABCMR Record of Proceedings (cont) AR20100019388
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