IN THE CASE OF:	  

		BOARD DATE:	    21 August 2012

		DOCKET NUMBER:  AR20120003063 


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 to the dates listed on his Meritorious Service Certificate.

2.  The applicant states:

	a.  His Meritorious Service Certificate states he was assigned to the 64th Field Artillery Battalion from 11 April 1952 to 16 April 1953.  This is not true, he was only assigned to this unit from mid January 1953 to mid April 1953.  There have to be some records some place to show this.

   b.  He arrived in Korea on 11 April 1952 and was assigned to the 27th Infantry Regiment (Wolf Hounds), 25th Infantry Division.  He served with the 27th for 9 months, first on Heartbreak Ridge, where he was awarded the Combat Infantryman Badge.
   
   c.  To rotate back to the States, they needed 36 points.  They received 4 points for each month in the combat zone.  He had only 36 points in 9 months, but there were no replacements coming from the States, so nobody was going home.  Instead of rotating home he was sent to Japan for 6 days of rest and recreation.
   
   d.  Upon returning to Korea he was assigned to the 64th Field Artillery Battalion where he stayed for 3 months then rotated home with 45 points, with 3 points for each month with the 64th Field Artillery Battalion.  He is not trying to file a claim.  He is just an old man trying to put together a scrap book for his 17 grandchildren and he would like it to be based on the facts.

3.  The applicant provides:

* Meritorious Service Certificate
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* 100% Service-Connected Permanently and Totally Disabled Veteran Identification Card

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 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 his Army records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military record shows he enlisted in the Regular Army, in pay grade E-1, on 4 September 1951, for 3 years.  

4.  He provides a copy of a Meritorious Service Certificate he received.  The certificate states, "In recognition of your valiant efforts while serving honorably with the 64th Field Artillery Battalion, 25th Infantry Division, Korea, from 11 April 1952 to 16 April 1953.  Your tireless devotion to duty will long be remembered by the United Nations and their cause for Freedom throughout the world."

5.  A DA Form 1 (Morning Report), dated 24 May 1952, shows he was assigned to Headquarters and Headquarters Company, 27th Infantry Regiment, 25th Infantry Division, Korea, on 23 May 1952.
6.  A DA Form 1, dated 25 September 1952, shows he was released from the 27th Infantry Regiment and reassigned to the 64th Field Artillery Battalion, 25th Infantry Division, Korea, on or about 25 September 1952.

7.  His available record does not identify the exact through date of his assignment with the 64th Field Artillery Battalion.

8.  He was honorably discharged, in pay grade E-3, on 8 September 1954, at the expiration of his term of service.  He was credited with completing 3 years and 1 day of active service.  He was also credited with 1 year and 17 days of foreign service.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant was assigned to the 27th Infantry Regiment, 25th Infantry Division, Korea, on 23 May 1952.  He was reassigned to the 64th Field Artillery Battalion, 25th Infantry Division, Korea, on or about 25 September 1952.  Therefore, he is entitled to correction of his Meritorious Service Certificate to show he served with the 64th Field Artillery Battalion, from 25 September 1952 to 16 April 1953.

2.  His contentions have been noted; however, there is no indication in the available record of the last date of his assignment with the 64th Field Artillery Battalion during his period of service in Korea.  There is no evidence in his available records and he has failed to provide compelling evidence to show his actual dates of service with the 64th Field Artillery Battalion.

3.  Without evidence to the contrary, it is reasonable to presume he served with this unit from 25 September 1952 to 16 April 1963.  Therefore, he is not entitled to correction of his Meritorious Service Certificate to show he served from January to April 1953.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__ __  ___X____  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 issuing the applicant a new Meritorious Service Certificate that shows he served with the 64th Field Artillery Battalion, 25th Infantry Division, Korea, from 25 September 1952 to 16 April 1953, in lieu of the certificate he was issued. 

2.  Specifically, the certificate will state, "For recognition of your valiant efforts while serving honorably with the 64th Field Artillery Battalion, 25th Infantry Division, Korea, from 25 September 1952 to 16 April 1953.  Your tireless devotion to duty will long be remembered by the United Nations and their cause for Freedom throughout the world."

3.  The Board further determined 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 correcting his Meritorious Service Certificate to show he served with the 64th Field Artillery Battalion from January to April 1953.  



      _______ _   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)                                         AR20120003063



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ABCMR Record of Proceedings (cont)                                         AR20120003063



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