IN THE CASE OF:
BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20120000478
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 (Report of Separation from the Armed Forces of the United States) to show award of the Republic of Korea Presidential Unit Citation.
2. The applicant states he served with the 564th Quartermaster Company, 55th Quartermaster Battalion, 8th Army, Korea, from September 1951 to October 1952. During that time the Republic of Korea Presidential Unit Citation was awarded to the 55th Quartermaster Battalion.
3. The applicant provides:
* his DD Form 214
* a letter from the National Personnel Records Center, dated 28 July 2011
* a second DD Form 149 (Application for Correction of Military Record), dated 18 August 2011
* a letter from Army Review Boards Agency, dated 27 September 2011
* a six-page printout titled, "Quartermaster Korean War Battle Credit 1950-1953"
* a three-page printout titled, "Busan Storage Center"
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 record is 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, the applicant's reconstructed record contains his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 16 October 1950 and held military occupational specialty 4345 (Light Vehicle Driver). His most significant duty assignment was with the 55th Quartermaster Battalion, Korea.
4. He was honorably released from active duty on 10 October 1952 and transferred to the Enlisted Reserve Corps. He completed 1 year, 11 months, and 24 days of creditable active service.
5. His DD Form 214 shows the Korean Service Medal with two bronze service stars and United Nations Service Medal.
6. The applicant provides a printout that shows Headquarters and Headquarters Company (HHC), 55th Quartermaster Base Depot, and the 564th Quartermaster Clothing General Supply Company were awarded the Republic of Korea Presidential Unit Citation. This printout does not show the 55th Quartermaster Battalion was awarded this unit citation.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Korean War. This pamphlet does not show the 55th Quartermaster Battalion was awarded the Republic of Korea Presidential Unit Citation.
DISCUSSION AND CONCLUSIONS:
The applicant's reconstructed record confirms his most significant duty assignment was with the 55th Quartermaster Battalion, Korea. There is no evidence and he has not provided any evidence that shows he was assigned to HHC, 55th Quartermaster Base Depot, or the 564th Quartermaster Clothing General Supply Company during his service in Korea. There is no record that the 55th Quartermaster Supply Battalion was awarded the Republic of Korea Presidential Unit Citation. Therefore, there is insufficient evidence upon which to correct his records to show the Republic of Korea Presidential Unit Citation.
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) AR20120000478
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ABCMR Record of Proceedings (cont) AR20120000478
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