BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110000544
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 April 1989 to show:
* He was a "period-of-war veteran/Korean War"
* His Army National Guard service
2. The applicant states:
* He was a "period-of-war" veteran before 14 September 1978 and cites Presidential Proclamation (PP) 2914
* It is possible the Iowa Army National Guard and the Active Army did not follow up on the Korean War status by President Truman from
16 December 1976 to 14 September 1978
* Even when he was at the Department of Veterans Affairs hospital the question came up concerning if he was a war veteran
* In 1978 a noncommissioned officer told him "the war is officially over"
* His DD Form 214 does not show his Army National Guard service
* He had a medical waiver for eyesight at Fort Sill
3. The applicant provides:
* two applications
* Army National Guard Retirement Credits Record
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
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. He was born on 1 September 1952. He enlisted in the Iowa Army National Guard on 21 August 1976. He was ordered to active duty on 19 September 1976 for training. He was released from active duty on 16 December 1976.
3. His DD Form 214 (Report of Separation from Active Duty) for the period ending 16 December 1976 shows in:
* item 18a (Net Active Service This Period) 2 months and 28 days of active service
* item 18d (Prior Inactive Service) 18 days [of Army National Guard service]
4. On 5 January 1986, he was honorably discharged from the Iowa Army National Guard for enlistment into the U.S. Army.
5. He enlisted in the Regular Army on 29 April 1986 for a period of 3 years. On 28 April 1989, he was honorably discharged.
6. His DD Form 214 for the period ending 28 April 1989 shows:
* he had 2 months and 28 days of prior active service in item 12d (Total Prior Active Service)
* he had 9 years, 1 month, and 14 days of prior inactive service [his Army National Guard service] in item 12e (Total Prior Inactive Service)
7. There is no evidence which shows he served in Korea during the period
27 June 1950 to 27 June 1954.
8. PP 2914, dated 16 December 1950, pertains to President Truman proclaiming the existence of a national emergency during the Korean War.
9. Title 38 (Veterans' Benefits), U.S. Code, section 101 (Definitions), subsection 101(9) states the term "Korean conflict" means the period beginning on 27 June 1950 and ending on 31 January 1955.
10. 38 Code of Federal Regulations, section 3.2 sets forth the beginning and ending dates of each war period beginning with the Indian wars. The Korean War conflict is 27 June 1950 through 31 January 1955, inclusive.
DISCUSSION AND CONCLUSIONS:
1. He contends he was a "period-of-war veteran/Korean War" and he wants his DD Form 214 for the period ending 28 April 1989 corrected to reflect this. However, there is no evidence which shows he served in Korea during the Korean War period (27 June 1950 through 31 January 1955). Therefore, there is no basis for granting this request.
2. He contends his Army National Guard service is not shown on his DD Form 214 for the period ending 28 April 1989. However, item 12e of this DD Form 214 shows he had 9 years, 1 month, and 14 days of prior inactive service [his Army National Guard service]. Therefore, there is insufficient evidence on which to amend this DD Form 214.
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) AR20110000544
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ABCMR Record of Proceedings (cont) AR20110000544
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