IN THE CASE OF:	  

		BOARD DATE:  27 September 2012

		DOCKET NUMBER:  AR20120002394 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show that he entered active duty on 6 March 1952.

2.  The applicant states that his induction on 6 March 1952 can be verified based on the documents in his records and his truthful testimony.  He states that:

	a.  He took basic training in 1952 at Camp Tortuguero, Puerto Rico and he returned to Fort Buchannan, Puerto Rico for reassignment to Fort Chaffee, Arkansas for an additional 8 weeks of training.

	b.  He was sent to the 9th Infantry Regiment, 2nd Division, Fort Lewis, Washington for duty as a heavy weapons infantryman.  This unit was reorganized and he was sent to Korea in 1953.

	c.  After serving in Korea, he was sent back to Fort Lewis where the 2nd Division was again reorganized and he was sent to Edison Air Force Base in Alaska.

	d.  In 1957, he was "TDY" (temporary duty) with his wife and he lived outside of Edison Air Base.  In August of 1957 he returned to Puerto Rico and he was honorably discharged.


3.  The applicant contends that his main struggle as a veteran is with the Department of Veterans Affairs (VA) in Puerto Rico.  The VA has him classified as a "peace time" veteran rather than as a "war time" veteran.  Because of this classification, he is being denied service connection for most of his medical claims.

4.  The applicant states he has provided the following documents that are in his records; however, they were not received with his application.  These documents were identified as being in his records.

* Form AFQT-1
* Form US 29 21003B Rev 3373
* Standard Form 89 with control number 11607

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 AR20110012260, on 13 December 2011.

2.  The applicant has provided a detailed statement of his service from 1952 through 1957 which is considered a new argument that was not previously considered by the Board.  As such, this evidence should now receive consideration.

3.  In the original Record of Proceedings, the Board determined from the available records that the applicant had completed 8 months and 5 days of creditable service prior to his entry on active duty in 1955.  This prior service was determined to have probably been served with the National Guard and was not active duty service.  There was no evidence showing that he had any active duty service prior to 7 September 1955.  Furthermore, it was determined that his 
DD Form 214 ending on 21 August 1957, accurately reflected his active duty service.

4.  His DD Form 47 (Record of Induction), dated 7 September 1955, shows:

	a.  the applicant had previously been sent to the Joint examining and induction station on 6 March 1952 where he was accepted but was not inducted;

	b.  he was again found acceptable for service in the Armed Forces; and

	c.  he was inducted into the Army on 7 September 1955.
5.  His DA Form 20 (Enlisted Qualification Record) shows in Item 33 (Record of Assignments) the applicant:

	a.  entered the basic combat training course at Fort Chafee, on 22 November 1955;

	b.  entered advanced individual training at Fort Lewis, on 15 February 1956;

	c.  was assigned to the 9th Infantry Regiment at Fort Lewis on 21 April 1956 with duty as an ammunition bearer;

	d.  was assigned to Edison Air Force Base in Alaska on 10 July 1956 with duty as an ammunition bearer; and

	e.  was released from active duty (REFRAD) and transferred to the U.S. Army Reserve, on 21 August 1957, to complete his remaining service obligation, which expired on 6 September 1961.

6.  The applicant's DD Form 214 shows he was inducted into the Army of the United States (AUS) on 7 September 1955.  His overseas service was for a period of 1 year and 18 days and he was REFRAD with an honorable characterization of service on 21 August 1957.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show that he entered active duty on 6 March 1952.

2.  The applicant's record does show that he was given a medical examination and found acceptable for induction into the AUS in 1952; however, it appears that he was not inducted at that time.

3.  The available evidence clearly shows the applicant was inducted into the AUS on 7 September 1955.  His DD Form 47, dated in 1955, indicates he had not been previously inducted in 1952.

4.  There is no evidence of record showing that he was ever assigned to the Republic of Korea or that he served in the military prior to 1955.

5.  A review of the applicant's military record of assignments show that his recollection of duty at Fort Chafee, Fort Lewis, and in Alaska were essentially correct; however, the dates of that service were during the 1955-1957 timeframe, and did not commence in 1952.

6.  In view of the above, the applicant's request to show his active duty service commenced in 1952 should be denied.

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 to amend the decision of the ABCMR set forth in Docket Number AR20110012260, dated 13 December 2011.




      __________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)                                         AR20120002394



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ABCMR Record of Proceedings (cont)                                         AR20120002394



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