IN THE CASE OF:

		BOARD DATE:  17 January 2013

		DOCKET NUMBER:  AR20120010743 


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, the son of a deceased former service member (FSM), requests correction of his late father's DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 6 October 1954 to show in:

	a.  item 15 (Inducted) that he was inducted on 5 October 1951;

	b.  item 17 (Means of Entry Other than by Induction) that he was not called from inactive duty;

	c.  item 18 (Grade, Rate, or Rank at Time of Entry into Active Service) that his entry grade was private;

	d.  item 19 (Date and Place of Entry Into Active Service) that his date of entry was 5 October 1951;

	e.  item 26 (Foreign and/or Sea Service) that he had foreign service;

	f.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Army Good Conduct Medal, Korean Service Medal with three bronze service stars, United Nations Service Medal, National Defense Service Medal, and Republic of Korea Presidential Unit Citation; and

	g.  item 28 (Most Significant Duty Assignment) a duty assignment in Korea.

2.  The applicant states:

* the DD Form 214 for the period ending 6 October 1954 he recently received from the National Personnel Records Center (NPRC) does not match his father's Transcript of Military Record
* the Transcript of Military Record reflects what he believes is the correct information
* the Transcript of Military Record shows his father was awarded the Army Good Conduct Medal, Korean Service Medal with three bronze service stars, United Nations Service Medal, National Defense Service Medal, and Republic of Korea Presidential Unit Citation and his DD Form 214 only shows he was awarded the National Defense Service Medal
* item 15 of his father's DD Form 214 for the period ending 6 October 1954 should be corrected to show he was inducted on 5 October 1951
* his father was not called from inactive duty as shown in item 17
* his father's entry grade was private not corporal
* his father's date of entry was 5 October 1951 not 7 October 1953
* his father's foreign service is incorrect because he served in Korea and Japan
* his father's significant duty assignment in Korea should be shown in item 28

3.  The applicant provides:

* Transcript of Military Record
* DD Form 214 for the period ending 6 October 1954
* FSM's death certificate
* his birth certificate
* letter from the NPRC, dated 24 May 2012
 
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 FSM's complete 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 that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The available records do not contain a DD Form 214 for service prior to 7 October 1953.

4.  The FSM's DD Form 214 for the period ending 6 October 1954 shows:

* in item 15 – the entry "NA" (not applicable)
* in item 17 – that he was ordered to active duty for a period of 12 months
* in item 18 – his grade was corporal at the time of his entry into active service
* in item 19 – he entered active duty on 7 October 1953
* in item 22 – he had 2 years and 2 days of other service (prior service) 
* in item 26 – he had no foreign and/or sea service
* in item 27 – the National Defense Service Medal
* in item 28 – a duty assignment in Puerto Rico
* he was released from active duty on 6 October 1954 and returned to the U.S. Army Reserve to complete his remaining service obligation

5.  The applicant provided a Transcript of Military Record issued on 11 January 1957 which states:

* the FSM was inducted into the Army of the United States on 5 October 1951
* he attained the grade of corporal on 20 June 1953
* he served in Japan
* he was awarded or authorized the Army Good Conduct Medal, Korean Service Medal with three bronze service stars, United Nations Service Medal, National Defense Service Medal, and Republic of Korea Presidential Unit Citation
* he was released from active duty and transferred to the U.S. Army Reserve in 1953
* he was recalled to active duty on 7 October 1953 for a period of 12 months
* he was separated on 6 October 1954

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.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of Active Army service at the time of his release from active duty.

2.  It appears the Transcript of Military Record provided by the applicant covers the FSM's entire military service from 5 October 1951 to 6 October 1954.

3.  The Transcript of Military Record shows the FSM was inducted on 5 October 1951 and he was released from active duty in 1953.  Although there is no DD Form 214 for this period in the available records, administrative regularity is presumed.  Apparently, he entered active duty the first time on 5 October 1951 as a private, he served in Korea during the period 1951 to 1953, and he was awarded the Army Good Conduct Medal, Korean Service Medal with three bronze service stars, United Nations Service Medal, National Defense Service Medal, and Republic of Korea Presidential Unit Citation.

4.  The FSM was recalled to active duty on 7 October 1953 and he was released from active duty on 6 October 1954 which is properly reflected on his DD Form 214 for the period ending 6 October 1954.  His period of prior service from 5 October 1951 to 1953 is properly reflected in item 23 of his DD Form 214 for the period ending 6 October 1954.  Therefore, there is no basis for granting his request to amend the FSM's DD Form 214 for the period ending 6 October 1954.

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 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)                                         AR20120010743



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ABCMR Record of Proceedings (cont)                                         AR20120010743



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