IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000164
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 in Korea with C Company, 65th Engineer Battalion, 25th Infantry Division, from May 1952 through 9 July 1953, a period of 13 months and 9 days. His DD Form 214 shows the time he spent in Korea but not the dates. He is providing a copy of the envelope showing that he wrote his sister while in Korea in January 1953 and a copy of the general orders (GO) that show his unit was awarded the Republic of Korea Presidential Unit Citation.
3. The applicant provides:
* His DD Form 214
* A letter from the National Personnel Records Center (NPRC), dated 19 December 2011
* A copy of an envelope
* Orders
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 record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the NPRC 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 29 December 1950. His military occupational specialty is not shown on his DD Form 214. His most significant duty assignment was with C Company, 65th Engineer Combat Battalion, Korea.
4. He was honorably discharged from active duty on 17 December 1953 in the rank of sergeant/E-5. He completed 2 years, 11 months, and 19 days of creditable active service of which 1 year, 1 month, and 9 days was foreign service. The specific dates of his service in Korea are not shown.
5. His DD Form 214 shows the United Nations Service Medal, National Defense Service Medal, Korean Service Medal with three bronze service stars, and two overseas service bars.
6. The applicant provides:
a. A printout of an envelope that shows his name as the sender, his unit in Korea, and an Army Post Office postmark showing the date as 23 January. The year the letter was postmarked is not shown.
b. Department of the Army GO Number 19, dated 1955, wherein it shows the 65th Engineer Combat Battalion was cited for award of the Republic of Korea Presidential Unit Citation for the period 5 May through 9 July 1953.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant completed 1 year, 1 month, and 9 days of foreign service and his most significant duty assignment was with the 65th Engineer Combat Battalion, Korea. However, the specific dates of his assignment to the 65th Engineer Combat Battalion are not known. Notwithstanding his sincerity, there is no evidence and he has not provided any evidence that shows he was assigned to the 65th Engineer Combat Battalion between 5 May through 9 July 1953, the period for which they were awarded the Republic of Korea Presidential Unit Citation.
2. In the absence of assignment orders, reassignment orders, a morning report, a DA Form 24 (Service Record), or other documents that shows he was assigned to the 65th Engineer Combat Battalion between 5 May through 9 July 1953, 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 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) AR20120000164
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