IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140003058
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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected by showing that he served with 2nd Platoon, D Battery, 15th Anti-Aircraft Artillery, 7th Infantry Division.
2. The applicant states that he served with the unit and it should be stated on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and Discharge Certificate.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 11 January 1949. He successfully completed his training and served 9 months and 20 days of foreign service.
4. On 21 January 1952, he was honorably discharged at Indiantown Gap Military Reservation, Pennsylvania. He had served 3 years and 5 days of active service and was awarded the Korean Service Medal with two bronze service stars. His DD Form 214 shows his most significant assignment (i.e., his last duty assignment) as Company A, 11th Infantry Regiment, 5th Infantry Division, Indiantown Gap Military Reservation, Pennsylvania.
5. A review of the available evidence provides no evidence of the applicant serving with 2nd Platoon, D Battery, 15th Anti-Aircraft Artillery Battalion, 7th Infantry Division.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that only one unit, the most significant unit of assignment would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served with the 2nd Platoon, D Battery, 15th Anti-Aircraft Artillery Battalion, 7th Infantry Division is not in doubt, he has failed to provide any evidence to substantiate his claim or that it was his last duty assignment.
2. Therefore, in the absence of such evidence, there appears to be no basis to remove the current significant unit of assignment and replace it with the unit he desires.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140003058
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003058
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 2004105903C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: DECEMBER 9, 2004 DOCKET NUMBER: AR2004105903 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's records show that he enlisted in the US Army Reserve, on 3 March 1955. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...
ARMY | BCMR | CY2014 | 20140001745
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. he completed Airborne training; b. he was awarded the Army Commendation Medal (ARCOM), Combat Infantryman Badge (CIB), Combat Patch for service during mission Urgent Fury in Grenada, six awards of the Army Achievement Medal (AAM), and awards of the Humanitarian Service Medal (HSM) for service in Grenada in 1983 and for security operations in Fort Indiantown Gap, PA during...
ARMY | BCMR | CY2004 | 040004981C070208
The applicant also requests that his 1955 separation document be corrected to show that his blood type is “B+” and not “B,” that his period of service was 1 year, 9 months, and 15 days vice 1 year, 7 months, and 17 days, that he served 11 months and 13 days in Korea, and that he is entitled to the Combat Infantryman Badge, the Purple Heart, the “Escaped Prisoner of War Medal,” the Korean Service Medal with two bronze campaign stars, the UN (United Nations) Service Medal, and the National...
ARMY | BCMR | CY2014 | 20140021538
Additionally, the Military Awards Branch reviewed the applicant's service record but found this record does not contain a DD Form 215, dated 31 October 1995, or permanent orders authorizing the Purple Heart. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for...
ARMY | BCMR | CY2012 | 20120021550
The applicant states he does not understand why the Army Board for Correction of Military Records (ABCMR) denied award of the "Army of Occupation Medal (Japan)." His DD Form 214 shows in: * Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - Korean Service Medal with 1 silver service star and 2 bronze service stars and United Nations Service Medal * Item 28 (Most Significant Duty Assignment) - Headquarters Company, 2nd Battalion, 7th...
ARMY | BCMR | CY2004 | 20040004609C070208
The applicant requests correction of his records to show award of the Purple Heart. The applicant's military records were not available to the Board for review. Therefore, the date of the injury listed on the applicant's DD Form 214 is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | DRB | CY2005 | 20050000822C070206
The applicant states, in effect, that his specialty number or symbol should read 4745 (infantry) and that the induction date on his DD Form 214 is after his date of release from active duty. The application submitted in this case is dated 6 January 2005. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2005 | 20050000822C070206
Linda M. Baker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his specialty number or symbol should read 4745 (infantry) and that the induction date on his DD Form 214 is after his date of release from active duty. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2005 | 20050000822C070206
The applicant states, in effect, that his specialty number or symbol should read 4745 (infantry) and that the induction date on his DD Form 214 is after his date of release from active duty. The application submitted in this case is dated 6 January 2005. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2010 | 20100008888
Application for correction of military records (with supporting documents provided, if any). The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. There is insufficient evidence that shows he directly participated in the relief operations.