IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019082
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea and associated awards.
2. The applicant states:
* he served in Korea from October 1955 to January 1957 assigned to the 501st Army Security Agency Group
* his DD Form 214 does not show he served in Korea
* he is trying to get medals awarded
3. The applicant provides no additional evidence.
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 applicant's 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 applicant's 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 complete 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 28 January 1955 for a period of 3 years. He served as a switchboard operator. On 27 January 1958, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed 3 years of total active service.
4. Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows Company C, 316th Army Security Agency Battalion (located at Fort Huachuca, AZ).
5. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows 1 year, 4 months, and 7 days of foreign service.
6. The available records fail to show he served in Korea.
7. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. There was no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214 at the time of his release from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in Korea from October 1955 to January 1957.
2. At the time of his release from active duty, there was no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command. Although the available records fail to show he served in Korea, his period of foreign service is properly reflected in item 24c of his DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's 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 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) AR20110019082
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ABCMR Record of Proceedings (cont) AR20110019082
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