IN THE CASE OF:	   

		BOARD DATE:	  16 May 2013

		DOCKET NUMBER:  AR20120019131 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his overseas service in Korea during 1955 to 1956 and to show he attended the I Corps Noncommissioned Officer (NCO) Academy.

2.  He states:

* he was assigned to Battery C, 15th Antiaircraft Artillery Automatic Weapons (AAA AW) Battalion, 7th Division
* his DD Form 214 indicates he served 15 months and 20 days of overseas service, but it does not specify where he served
* he applied for the Korea Defense Service Medal and he was informed his records were lost due to a fire in 1973

3.  He provides:

* DD Form 214
* CDPC Form 4 (Rest and Recuperation (R&R) Special Pass)
* FEC Form 377 (U.S. Forces, Japan Identification Card)
* USAFI-J Corm CT-24/5-55 (Military Test Report)
* Letter from the National Personnel Records Center (NPRC), dated
15 March 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 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 that the applicant'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 applicant's DD Form 214 shows he enlisted in the Regular Army on 15 February 1954 for a period of 3 years.  He completed training and he was awarded military occupational specialty 161.10 (AAA AW Crewman). 

4.  On 14 February 1957, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Minnesota Military District to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

	a.  item 24c (Foreign and/or Sea Service) he completed 1 year, 3 months, and 20 days of foreign service;

	b.  item 28 (Service Schools or Colleges, College Training, Courses and/or 
Post-Graduate Courses Successfully Completed) the entry "None"; and

	c.  item 29 (Other Service Training Courses Successfully Completed) the entry "None."

5.  He provided the following documents:

	a.  a CDPC Form 4 that identifies him as an R&R Casual awaiting shipment to Korea;
	b.  FEC Form 377 that indicates he was assigned to Battery C, 15th AAA AW Battalion in Japan; and

	c.  USAFI Form CT-24/5-55 that indicates he took a battery of tests between 14 and 21 May 1956 pertaining to the General Educational Development (GED) test for high school level equivalency while he was assigned to Battery C,
15th AAA AW Battalion.  This form further shows he passed the GED test on
21 May 1956.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states that 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.  The version in effect at the time did not provide for identifying a Soldier's specific overseas location.  However, it stated for:

	a.  item 28, enter service schools, including dates and major courses that were successfully completed.  This entry also includes military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.

	b.  item 29, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received an R&R Special Pass that indicated he was an R&R Casual awaiting shipment to Korea.  However, there is no evidence of record and the applicant did not provide any evidence that confirms if and when he arrived in Korea or the duration of his assignment in Korea.

2.  Additionally, although his DD Form 214 indicates he completed 1 year,
3 months, and 20 days of foreign service, there is no evidence of record and the applicant did not provide sufficient evidence to specifically determine what portion of this foreign service was served in Japan and/or Korea.

3.  The applicant provided evidence that he took a GED test and passed it on
21 May 1956; however, there is no evidence of record and he did not provide any 


evidence that shows he completed training at the I Corps NCO Academy at any time during his active duty service.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120019131



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ABCMR Record of Proceedings (cont)                                         AR20120019131



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