IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120002111
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 reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his most significant duty assignment was with Company I instead of Company K, 65th Infantry Regiment.
2. The applicant states he now has sufficient evidence to support his assignment to Company I.
3. The applicant provides:
* DD Form 214
* WD AGO Form 8-26 (Medical Document), dated 16 September 1951
* WD AGO Form 8-28 (Medical Document), dated 8 September 1951 and 15 October 1951
* WD AGO Form 8-116 (Report of Dental Survey), dated 23 June 1952
* Untitled medical form, dated 26 September 1950
* Department of Veterans Affairs (VA) Form 3101 (Request for Army Information), undated
* Page 2 of an unidentified medical document with date of treatment in Korea in September 1951
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110011210, on 13 December 2011.
2. The applicant submitted several medical/dental documents that were not previously reviewed by the ABCMR. Therefore, they are new evidence that warrant consideration by the Board.
3. 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 that his 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.
4. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 22 September 1950 and held military occupational specialty 1745 (Rifleman). He completed 10 months and 22 days of foreign service, presumably in Korea.
5. He was honorably released from active duty on 24 June 1952 prior to the expiration of his term of service. He was transferred to the Enlisted Reserve Corps (ERC) to complete his remaining service obligation. Item 28 (Most Significant Duty Assignment) (i.e., last duty assignment) shows the entry "Company K, 65th Infantry Regiment."
6. He provides numerous medical/dental documents dated between September and October 1951 that show his unit of assignment as Company I, 65th Infantry Regiment.
7. He provides a VA Form 3101 that shows he was admitted to the hospital in Pusan, Korea, in September 1951 for a left foot injury while assigned to Company I, 65th Infantry Regiment.
8. War Department Technical Manual (TM) 12-236 (Preparation of Separation Forms), in effect at the time, and later Army Regulation 635-5 (Separation Documents) provide that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement,
or release from active duty or transfer to a Reserve Component. This manual states that item 28 shows the most significant duty assignment.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides multiple medical documents that show his unit of assignment as Company I. Other than his DD Form 214, there are no available documents showing his unit of assignment as Company K, 65th Infantry Regiment.
2. He completed nearly 11 months of foreign service and the medical documents he provides confirm his assignment to Company I during at least 2 month (September and October 1951). It is possible he was transferred to Company K during his service in Korea. It is also possible he completed his entire foreign service with Company I.
3. Nevertheless, although there is no evidence of record he was actually assigned to Company K, 65th Infantry Regiment there is evidence he was assigned to Company I, 65th Infantry Regiment. Therefore, any doubt should be ruled in the applicant's favor.
4. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20110011210, dated 13 December 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 28 of his DD Form 214 the entry "COMPANY K 65TH INFANTRY REGT" and replacing it with the entry COMPANY I 65TH INFANTRY REGT."
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the Nation are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120002111
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