BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130022027
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 (Report of Separation from the Armed Forces of the United States) to show his service in Korea and all awards he is authorized as a result of his service in Korea.
2. The applicant states he served with the 858th Ordnance Company outside Pusan and he was later transferred to the 24th Division near the demilitarized zone (DMZ).
3. The applicant provides a 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 in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on his DD Form 214.
3. His DD Form 214 indicates that:
a. he was inducted into the Army of the United States and he entered active duty on 8 October 1953;
b. he served 1 year and 7 days of foreign and/or sea service (there is no indication that his foreign service was in Korea);
c. he was awarded or authorized the National Defense Service Medal;
d. his most significant duty assignment was the 858th Ordnance Company (Mechanic); and
e. he was honorably separated on 26 September 1955.
4. Based on the fact that the applicant's military records are not available, the details of his foreign service (i.e., periods served and locations) cannot be verified.
5. Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time, stated that item 26 (Foreign and/or Sea Service) of the DD Form 214 would reflect total service outside continental limits of the United States during current term of service in years, months, and days. There were no provisions for entering the actual location where the foreign service was performed on the DD Form 214 during the period in question.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his service in Korea and to show all awards he is authorized as a result of that service has been carefully considered.
2. His DD Form 214 shows he served 1 year and 7 days of foreign service. However, there were no provisions for entering the location of the foreign service on an individual's DD Form 214 at the time he was released from active duty in September 1955. Therefore, his foreign service (but not place of service) is appropriately recorded on his DD Form 214.
3. Based on the fact that his military records are not available, the location and the periods of his foreign service cannot be verified. As result, the awards he may be authorized as a result of his foreign service cannot be conclusively established. While his contention that he served in Korea is not in doubt, unfortunately, there is simply no evidence available for the Board to make a fair and impartial adjudication of his case.
4. Therefore, 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) AR20130022027
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ABCMR Record of Proceedings (cont) AR20130022027
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