IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002545 


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 correction of item 21 (Service Completed for Pay Purposes Excluding This Period), item 22 (Net Service Completed This Period for Pay Purposes), and item 24 (Total Net Service Completed for Pay Purposes) of his 10 October 1952 DD Form 214 (Report of Separation from the Armed Forces of the United States).  

2.  The applicant provides what he believes are the proper entries for the items of the DD Form 214 in question.  He also alludes to a falsified medical form regarding treatment for injuries he received in a fight he was never in.  In addition, he seeks acknowledgment for his education experience and character that was ignored when he applied for a commission.  He also claims to have been treated for injuries received as a result of enemy explosions while his platoon was on patrol and states that the battalion doctor told him he had recommended the applicant receive and Purple Heart (PH) and Bronze Star Medal (BSM) for his bravery. 

3.  The applicant provides DD Forms 214, dated 28 September 1947 and 
10 October 1952, DD Form 215 (Correction to DD Form 214), dated 
30 December 1957, and College Degree certificates.


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 record shows he initially enlisted in the Regular Army on 
25 July 1947.  He served on active duty until being honorably separated on
28 September 1947.  The DD Form 214 he was issued at the time shows he completed a total of 2 months and 4 days of active military service during the period covered (25 July-28 September 1947).  

3.  On 11 October 1950, he was inducted into the Army.  He served on active duty until 10 October 1952, at which time he was honorably separated in the rank of sergeant.  The DD Form 214 he was issued shows he completed no prior service for pay purposes in item 21 and that he completed 2 years of active military service during the period (11 October 1950-10 October 1952) in item 
22 and in total in item 24.

4.  The applicant's Service Record (WD AGO Form 24A) covering his active duty service between 11 October 1950 and 10 October 1952 contains no entry in Section 8 (Wounds Received Through Enemy Action) and does not include the PH and/or BSM in the list of awards contained in Section 21 (Medals, Decorations and Citations).  

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of medical records and contains no documents or orders indicating the applicant was ever wounded in action or that he was ever recommended for or awarded the PH by proper authority while serving on active duty.  There are also no documents or orders showing he was ever recommended for or awarded the BSM.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct items 21, 22, and 24 of his 10 October 1952 DD Form 214 has been carefully considered and found to have partial merit.  The evidence of record confirms the applicant completed 2 months and 4 days of prior active duty service between 25 July and 28 September 1947, which should have been included in item 21 of the applicant's 10 October 1952 DD Form 214, and added to the total service listed in item 24.  Therefore, items 21 and 24 of the DD Form 214 in question should be corrected accordingly.  

2.  The evidence confirms the applicant completed 2 years of active duty service during the period covered by his 10 October 1952 DD Form 214.  Therefore, there is no error in the service total entered in item 22.  

3.  The application submitted by the applicant seeks only correction of items 21, 22, and 24 of his 10 October 1952 DD Form 214; however, his accompanying statement indicates he would like to be awarded the PH and BSM, have a medical treatment record removed, and that his education and experience ignored when he applied for a commission be acknowledged.  

4.  The evidence of record fails to show the applicant was ever wounded in action, or that he was ever recommended for or awarded the PH and/or BSM while on active duty during this period.  Further, his MPRJ is void of the medical treatment record indicating he was treated for an injury related to fight. In addition, it is unclear what type of record correction the applicant is seeking to be acknowledged for his education and experience.  Therefore, there is an insufficient evidentiary basis to provide any of this requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 10 October 1952 DD Form 214 by deleting the current entries in items 21 and 24 and replacing them with the entries "0  2  4" and "2  2  4," respectively.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of item 22 of the DD Form 214 in question and removal of a medical treatment record, award of the PH and BSM, and acknowledgement of education and experience ignored when he applied for a commission.  



      _______ _   __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)                                         AR20120002545



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ABCMR Record of Proceedings (cont)                                         AR20120002545



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