IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011210
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 I, 65th Infantry Regiment.
2. The applicant states his DD Form 214 should show he was assigned to I Company, 65th Infantry Regiment.
3. The applicant provides a copy of his DD Form 214.
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 member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the DD Form 214 provided by the applicant is sufficient to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows:
a. he was inducted into the Army of the United States on 22 September 1950;
b. he served in the Republic of Korea;
c. he received the Combat Infantryman Badge and the Korean Service Medal with three bronze service stars;
d. he was assigned to Company K, 65th Infantry Regiment;
e. he attained the rank of sergeant first class;
f. he was released from active duty on 24 June 1952 and transferred to the Enlisted Reserve Component; and
g. he completed 1 year, 9 months and 3 days of creditable active duty service.
4. Army Regulation 635-5 (Separation Documents), as in effect at the time, required an entry in Item 28 (Most Significant Duty Assignment) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his most significant duty assignment as Company I, 65th Infantry Regiment.
2. The applicant's military records are not available for review. Therefore, his assignment history is not available for review. Furthermore, there is no evidence showing he had not been assigned to Company K before or after an assignment to Company I. Accordingly, a determination cannot be made without additional documentary evidence.
3. If the applicant has, or can obtain supporting documentation, such as correspondence, unit morning reports, etc; then he may submit another application for consideration.
4. In view of the foregoing, the applicant's request 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) AR20110011210
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ABCMR Record of Proceedings (cont) AR20110011210
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