IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140003791
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 12 (Last Unit of Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was assigned to the 2nd instead of the 29th Evacuation Hospital.
2. The applicant states he was with the 2nd Evacuation Hospital, not the 29th. The Army made a mistake. He was released from the Army and went home. He had no reason to question this form.
3. The applicant provides 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 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 his 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
17 February 1956. At the time of his separation, he held military occupational specialty 520.00 (Utility Worker).
4. His available records contain a DD Form 118 (Military Pay Record) that shows in item 28 (Organizations and Station) the entry "2nd Evacuation Hospital, Army Postal Office (APO) 252, New York (NY), reported 26 September 1956" and that his pay record was "closed by the disbursing officer, Headquarters, 2nd Armored Division, APO NY.
5. He was honorably released from active duty on 28 October 1957. Item 12 of his DD Form 214 shows the entry "29 Evac Hosp APO NY 252," indicating he was last assigned to the 29th Evacuation Hospital, APO NY 252.
DISCUSSION AND CONCLUSIONS:
The applicant's last duty assignment was with the 2nd Evacuation Hospital, APO NY 252. It appears his DD Form 214 inadvertently listed the unit as the 29th Evacuation Hospital, APO NY 252. Therefore, he is entitled to correction of his DD Form 214 to show the requested unit.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends deleting the current entry from item 12 of his DD Form 214 and adding the entry "2nd Evacuation Hospital, APO NY 252."
_______ _ __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) AR20140003791
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003791
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012464
The applicant requests, in effect, award of the Republic of Korea War Service Medal and correction of his records to show it. The applicant provides: * DD Form 214 (Report of Separation from the Armed Forces of the United States) * Congressional correspondence * Criteria for the Korean Service Medal * Criteria for the Republic of Korea War Service Medal * Letter from the National Personnel Records Center * Special Orders (SO) Number 7, dated 7 April 1954 * SO Number 122, dated 1 June 1954 *...
ARMY | BCMR | CY2009 | 20090005513
The applicants military records are not available to the Board for review. There is no evidence of record which shows the applicant served in Korea. Evidence of record shows the applicant's last duty assignment was with Service Company, 32nd Infantry Regiment.
ARMY | BCMR | CY2009 | 20090015264
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090003893 on 4 August 2009. During its original review of the case, the Board determined there was insufficient evidence confirming the applicant's assignment to the 29th AAA Battalion. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130016182
Application for correction of military records (with supporting documents provided, if any). The exact dates of the applicant's service in Korea are unknown; however, his DD Form 214 confirms his last unit of assignment was the 1st Cavalry Division, APO 24. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding in: * Item 24c "USARPAC" * Item 26 the "KDSM" _______ _ x_______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2014 | 20140019271
The applicant's military records are not available to the Board for review. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 19 July 1956. His DD Form 214 shows his last assignment was with the 181st Signal Company.
ARMY | BCMR | CY2014 | 20140018719
The applicant provides: * DD Form 214 * DA Form 1270 (Transfer or Release to Reserve Component of the Army) * Letter orders from the U.S. Army Reserve (USAR) * Email to the National Archives * Criteria for award of the Overseas Service Ribbon, Army Service Ribbon, Army Commendation Medal, Meritorious Service Medal, Armed Forces Expeditionary Medal, and Korea Defense Service Medal CONSIDERATION OF EVIDENCE: 1. Qualifying service for this award includes participation in Korea from 1 October...
ARMY | BCMR | CY2012 | 20120007549
Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review. _______ _ 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.
ARMY | BCMR | CY2010 | 20100009761
The applicant requests amendment of an entry on a Standard Form (SF) 502 (Clinical Record - Narrative Summary), dated 6 June 1973. The applicant states: * the entry "in the field" on the SF 502 is wrong and should not be there * the correct entry should be "injured during combat training" * his last duty assignment and major command is wrong on his DD Form 214 and should read HQ CO [Headquarters Company], 1st BN [Battalion], 16th Inf [Infantry], APO NY [Army Post Office New York] 09046 3. ...
ARMY | BCMR | CY2006 | 20060013692C071108
In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart in this case. Although the applicant did not file within the ABCMR’s statute of limitations, it is appropriate to waive failure to timely file based on the fact there are no time limitations on requests for award of the Purple Heart. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's...
ARMY | BCMR | CY2011 | 20110011724
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show: * only Normandy in item 32 (Battles and Campaigns) * he was assigned to the 29th Infantry Division, 115th Regiment, 2nd Battalion, Company H * show the Arrowhead device for his participation in the D-Day morning assault waves at Omaha Beach * his prisoner of war (POW) status in Germany * the POW Medal 2. As such, he is entitled to correction of his...