IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130014213
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) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show "8th Tank Commander" instead of "8th Tank Gunner."
2. The applicant states:
* he was advanced to the duty position of tank commander by his company commander while assigned to the 8th Tank Company, 8th Cavalry Regiment, 1st Cavalry Division, in Japan at Camp Crawford
* he completed tank commander training and the unit was short on noncommissioned officers to fill the position
3. The applicant provides a copy of 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 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, St. Louis, MO, in 1973. It is believed the applicant's records were lost or destroyed in that fire. The case is being considered using the DD Form 214 provided by the applicant.
3. The applicant's DD Form 214 shows:
* he was inducted into the Army of the United States on 21 May 1953
* he was awarded the National Defense Service Medal
* he was honorably released from active duty on 3 May 1955 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation
* he completed 1 year, 11 months, and 13 days of total creditable active military service
* he completed 1 year and 28 days of foreign and/or sea service
4. The applicant does not provide any evidence showing he served as a tank commander in the 8th Tank Company.
5. Special Regulation 615-360-1 (Enlisted Personnel Separation of Enlisted Personnel), dated 24 June 1953, prescribed the policy and procedures for the preparation and distribution of separation documents during the period in question. It stated that the last unit, or similar elements to which the individual was assigned, rather than the element of which he was a part while moving to a separation activity, would be entered in Item 28 of the DD Form 214. It also noted that assignments to units for the purpose of transfer from a theater to the United States was considered part of the movement to a separation activity.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his most significant duty assignment as "8th Tank Commander" was carefully considered.
2. The governing regulation directed that the last unit to which an individual was assigned would be entered in Item 28 of the DD Form 214. It is noted the requested entry and the current entry in Item 28 are both incorrect. However, since the applicant's complete record is not available and he does not indicate a unit of assignment, there is an insufficient evidentiary basis for making any correction to Item 28 at this time.
3. In view of the foregoing, there is insufficient evidence to correct his DD Form 214 at this time.
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) AR20130014213
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ABCMR Record of Proceedings (cont) AR20130014213
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