IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140006846
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 reflect his wartime service.
2. The applicant states his DD Form 214 only reflects his peacetime service.
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 in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. This case is being considered using the DD Form 214 provided by the applicant.
3. The applicant's DD Form 214 shows:
* he reenlisted in the Regular Army on 9 October 1953 and he was discharged on 10 July 1956
* he completed 5 years, 3 months, and 6 days of total active service
* he was credited with 1 year, 4 months, and 17 days of foreign service
* he was awarded or authorized the Republic of Korea Presidential Unit Citation, National Defense Service Medal, United Nations Service Medal, and Korean Service Medal with four bronze service stars
4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated 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.
5. There are no provisions in Army Regulation 635-5 for a separate notation of wartime service on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his wartime service was carefully considered.
2. The applicant's DD Form 214 currently reflects his service in Korea through the annotation of foreign service, numerous service medals, and awards specific to service in Korea.
3. There are no provisions in Army Regulation 635-5 for a separate notation of wartime service on the DD Form 214 beyond what is already shown on the applicant's discharge document. Regrettably, there is no basis for granting the requested relief.
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 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 this action in no way diminishes the sacrifices made by him in service to our Nation. 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) AR20140006846
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ABCMR Record of Proceedings (cont) AR20140006846
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