BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120005592 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all the awards he earned during the Korean War and all the schools he attended during his military career.

2.  The applicant states that he served his country during the Korean War and served proudly.  He wants what he accomplished to be reflected on his 
DD Form 214.  

3.  The applicant provides:

* WD AGO Form 24A (Service Record), page 1
* Basic Airborne Course and Jumpmaster School certificates
* DD Form 214

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 for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were mainly lost or destroyed in that fire.  However, there was sufficient documentation remaining in a reconstructed record and that provided by applicant for the Board to conduct a fair and impartial review of this case.

3.  His available military records show he enlisted in the Regular Army (RA) and entered active duty on 11 August 1950.  He completed the Basic Airborne Course on 29 August 1952 and the Jumpmaster School on 31 October 1952.  He was honorably discharged on 22 June 1953 for the convenience of the government – reduction of the Army.  He was issued a Certificate of Military Service for this period of service.

4.  He enlisted in the RA for 3 years in pay grade E-2 on 23 June 1953.  He served in military occupational specialty 1844 (Field Artillery Chief).  

5.  His was honorably discharged from active duty in the temporary rank of sergeant on 23 April 1954.  He was credited with completing 10 months and 1 day of net active service and 2 years, 10 months, and 12 days of other service and no time lost.  He was also credited with 8 months and 7 days of foreign service.  

6.  His DD Form 214 lists the Army Good Conduct Medal.  No other awards are listed.  Item 30 (Service School or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) of his DD Form 214 contains the entry, "None."

7.  His WD AGO Form 24A for the period covering 11 August 1950 to 23 April 1954 shows the following:

* Section 14 - serving in Yokohama, Japan from 25 August 1953 to 4 April 1954 and assigned to B Battery, 674th Field Artillery Airborne Battalion
* Section 21 (Medals, Decorations, and Citations) - the Parachutist Badge, National Defense Service Medal, and Army Good Conduct Medal

8.  His available record does not show he attended or completed any training or school during his period of service from June 1953 to April 1954.  

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated:

* Item 27 would list decorations awarded or authorized during the period covered by the DD Form 214
* Item 30 would list service school courses, college training courses, and other service training successfully completed during the period covered by the DD Form 214 being prepared

10.  Army Regulation 600-8-22 (Military Award) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, does not show the 674th Field Artillery Airborne Battalion was cited for any unit citations, commendations, or awards during his period of service.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant completed a qualifying period of service and was awarded the Parachutist Badge, National Defense Service Medal, and the Army Good Conduct Medal.  He was issued a 
DD Form 214 only listing the Army Good Conduct Medal.  Therefore, based on his eligibility for these awards, it would be appropriate to add them to his 
DD Form 214 ending on 23 April 1954.

2.  The available evidence of record shows the applicant served in Japan from 25 August 1953 through 4 April 1954.  There is no available evidence of record and he provided insufficient evidence to show he served in Korea at any time.  Therefore, he is not entitled to any awards for service in Korea and their addition to his DD Form 214.

3.  The available evidence shows he completed the Basic Airborne Course and Jumpmaster School during his period of service from August 1950 to June 1953.  There is no available evidence and he has provided none to show that he attended and successfully completed any training during the period of service covered by the DD Form 214 issued on 23 April 1954.  Therefore, he is not entitled to correction to his DD Form 214 to show he completed any training or courses.

4.  In view of the foregoing, his records should be corrected as recommended below.

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 adding to his DD Form 214 ending on 23 April 1954 the Parachutist Badge and National Defense Service Medal.

2.  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 by correcting this DD Form 214 to show any awards for service in Korea and any training or courses.



      __________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)                                         AR20120005592





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ABCMR Record of Proceedings (cont)                                         AR20120005592



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