IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110016317
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 foreign service in Korea.
2. The applicant states he served 8 months in Korea during the Korean conflict, but his DD Form 214 does not show his foreign service in Korea. He is 89 years old and is also a World War II Veteran. There was recently a wall of remembrance at his local Veteran's Park and he became upset when his plaque did not show his service in Korea. He led a platoon while in Korea but he does not remember the unit he was assigned to.
3. The applicant provides his DD Form 214 and WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
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 to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, the applicant provided his DD Form 214 and WD AGO Form 53-55 which are sufficient for the Board to conduct a fair and impartial review of this case.
3. Having had prior active service during World War II, the applicant's DD Form 214 shows he was ordered to active duty from the Enlisted Reserve Corps and entered active service on 28 September 1950 at Fort Jackson, SC. This form also shows at the time of separation he held military occupational specialty 1821 (Unit Supply Specialist) and his most significant duty assignment (i.e., his last duty assignment) was with the 33rd Transportation Truck Company, Fort Benning, GA.
4. On 21 August 1951, he was honorably released from active duty in the rank of sergeant at Fort Benning, GA, and transferred to the Enlisted Reserve Corps. He completed 10 months and 24 days of creditable active service.
5. Item 26 (Foreign and/or Sea Service) of his DD Form 214 does not show he completed any service outside of the continental United States during this period of active service.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. From 1951 to 1962, item 26 of the DD Form 214 showed the total active service outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Based on the available records, there is no evidence that the applicant served in Korea during his last period of active service. Notwithstanding his sincerity, in the absence of documentary evidence to confirm he served in Korea, there is insufficient evidence to grant the requested relief.
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) AR20110016317
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ABCMR Record of Proceedings (cont) AR20110016317
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