IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025276
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 (Report of Separation from the Armed Forces of the United States) be corrected to reflect his temporary duty (TDY) assignment with the U.S. Air Force (USAF) as an Army observer/controller.
2. The applicant states that while his DD Form 214 adequately reflects his Army service, it makes no mention of the period of service that he spent in a TDY status with the USAF as an Army observer/controller.
3. The applicant provides a cover sheet listing his enclosures with 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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's 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 applicant was inducted into the Army of the United States on
15 November 1950 in Birmingham, Alabama. He completed training as an infantry intelligence and reconnaissance chief and he was transferred to Korea on or about 29 September 1951 for assignment to Headquarters Company, 1st Battalion, 9th Infantry Regiment, 2d Infantry Division. He was promoted to the rank of master sergeant (E-7) on 19 May 1952.
4. On 21 May 1952 he was placed in a TDY status with the 6147th Tactical Control Group as an observer for a period of 90 days. His orders specified that he would return to his parent unit upon completion of the TDY assignment.
5. He served in Korea 10 months and 25 days and on 18 September 1952 he was honorably released from active duty (REFRAD) at Fort Jackson, South Carolina. He had served 2 years, 2 months, and 20 days of active service and he was awarded the Korean Service Medal with two bronze service stars, United Nations Service Medal, and Combat Infantryman Badge.
6. His DD Form 214, Block 28 (Most Significant Duty Assignment) shows Headquarters Company, 1st Battalion, 9th Infantry Regiment, 2d Infantry Division.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. That regulation provides that, for enlisted personnel, only the last duty assignment would be entered in block 28 of the DD Form 214. There were not then nor are there now provisions for entering TDY assignments on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the applicants concerns are certainly understandable, it appears his DD Form 214 was properly prepared in accordance with the applicable regulations and there were not then nor are there now provisions to enter TDY assignments on the DD Form 214.
2. Accordingly, there appears to be no basis to grant the applicants 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) AR20100025276
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