BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120010725
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 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show Company A vice Company H, 293rd Engineer Battalion.
2. The applicant states he was the company clerk and he was assigned to Company A, 293rd Engineer Battalion. To his knowledge, no Company H existed in his battalion.
3. The applicant provides his 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 applicants 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 applicants 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 complete 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 lost or destroyed in that fire. However, the applicant provided his DD Form 214 which is sufficient to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 21 July 1953 and he entered active service on that date at St. Louis, MO. He held military occupational specialty 1816 (Personnel Administrative Supervisor).
4. Item 28 of his DD Form 214 shows his most significant duty assignment (i.e., his last duty assignment) was with Company H, 293rd Engineer Battalion, Germany.
5. He was honorably released from active duty on 4 June 1955 in the rank/grade of corporal/E-4 and he was transferred to the U.S. Army Reserve. He completed 1 year, 10 months, and 14 days of net active service of which 1 year, 4 months, and 14 days was foreign service.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The version of the regulation in effect at the time stated, in item 28 enter the last duty assignment the Soldier was assigned to during the period covered by the DD Form 214. All entries on the DD Form 214 were required to be verified against source documents for completeness and accuracy.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows his most significant duty assignment as Company H, 293rd Engineer Battalion. At the time of completion, all entries on the DD Form 214 were required to be verified against source documents. His record is void of any evidence and he did not provide any evidence that shows he was assigned to Company A and not Company H, 293rd Engineer Battalion.
2. Notwithstanding the applicant's sincerity, in the absence of documentation that shows he was assigned to Company A, 293rd Engineer Battalion, there is an insufficient evidentiary basis for granting the requested relief.
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 for correction of the records of the individual concerned.
_______ _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) AR20120010725
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010725
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002067068C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence available to the Board which shows the exact dates in which the applicant served in Korea and returned to the continental United States. Therefore, there is no basis for correcting his records to show this unit and his DD Form 214 is correct as currently constituted.
ARMY | BCMR | CY2013 | 20130018058
His DD Form 214 further shows he completed 1 year, 11 months, and 17 days of creditable active service and with no lost time. The applicant requests correction of his DD Form 214 to show award of the Republic of Korea Presidential Unit Citation. ____________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.
ARMY | BCMR | CY2011 | 20110001361
The applicant requests item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the 2nd Combat Engineer Battalion, 23rd Infantry Regiment, 2nd Infantry Division. The applicant states: * He served with the 2nd Combat Engineer Battalion, 23rd Infantry Regiment, of the 2nd Infantry Division not Company B, 20th Engineer Combat Battalion * His claim for Post Traumatic Stress Disorder was denied because of...
ARMY | BCMR | CY2012 | 20120021325
There is no evidence of record he was issued a DD Form 214 for his period of service from 6 May 1969 through 6 February 1971. Therefore, it would be appropriate to correct his DD Form 214 to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the Vietnam Service Medal from his DD Form 214 * adding the following awards to his DD Form 214 * National Defense Service Medal * Vietnam Service...
ARMY | BCMR | CY2011 | 20110022741
His DD Form 214 indicates: a. in item 27, he was awarded or authorized the Korean Service Medal with three bronze service stars, one overseas service bar, United Nations Service Medal, and Army of Occupation Medal with Japan Clasp; and b. in item 28, his most significant duty assignment was Headquarters and Service Company, 106th Engineer Battalion (Combat), 31st Infantry Division, Camp Atterbury, IN. He provides an unsigned statement from a former fellow Soldier, dated 4 July 2010, who...
ARMY | BCMR | CY2008 | 20080013343
The applicant requests, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected by: a. showing three bronze service stars to be affixed to his already-awarded Korean Service Medal; b. correcting item 9 (Place of Separation) to read the 1092d Engineer Combat Battalion instead of Separation Section, 101st Airborne Division, Camp Breckinridge, Kentucky; and c. correcting item 28 (Most Significant Duty Assignment) to read the 1092d Engineer...
ARMY | BCMR | CY2012 | 20120000164
The applicant provides: * His DD Form 214 * A letter from the National Personnel Records Center (NPRC), dated 19 December 2011 * A copy of an envelope * Orders CONSIDERATION OF EVIDENCE: 1. The applicant's military record is not available to the Board for review. The evidence of record confirms the applicant completed 1 year, 1 month, and 9 days of foreign service and his most significant duty assignment was with the 65th Engineer Combat Battalion, Korea.
ARMY | BCMR | CY2003 | 2003091407C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE : He provides a copy of a statement from a former comrade, who attests that the applicant was assigned to the 194th and was injured as the applicant so states. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2008 | 20080018230
The applicant requests his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected in Block 28 (Most Significant Duty Assignment) to show 1745 Co E 180th INF RGT 45th ID and 1745 35th INF RGT 25th ID. 2. Army Reserve Special Order Number 7, Headquarters, New York Military District (Army Reserve), New York, NY, dated 11 January 1955, shows the applicant as having a primary MOS of 1740 and a secondary MOS of 1745. Block 28 of the version of the DD Form...
ARMY | BCMR | CY2008 | 20080015008
The applicant requests, in effect, that item 28 (Most Significant Duty Assignment) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 27 September 1953 be corrected to show the 65th Combat Engineer Battalion, 25th Infantry Division. This DD Form 214 does not show the Combat Infantryman Badge as an authorized award. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.