IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140016235
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 he be provided copies of his medical records showing his frostbite and hearing loss and that all authorized awards be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states that he desires copies of his medical records showing he was treated for frostbite and hearing loss and he desires to have all awards to which he is entitled added to his DD Form 214.
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 applicants 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 DD Form 214 provided by the applicant is sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 10 May 1951. He completed his training as an infantryman and was transferred to Germany for his first and only assignment.
4. On 21 April 1953, he was honorably released from active duty (REFRAD) at Fort Jackson, South Carolina. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Occupation Medal with Germany Clasp.
5. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The Board does not have access to the applicants medical records so they cannot be provided to him. However, it is noted that it was common practice during the period the applicant served to forward medical records to the Veterans Administration (VA) office in the State in which the applicant resided after separation. In the applicants case, this would have been the VA in the State of Georgia. Accordingly, the applicant is encouraged to inquire with that agency to determine if medical records are available.
2. The applicant served during a qualifying period for award of the National Defense Service Medal (NDSM) and is entitled to have that award added to his DD Form 214.
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 that all Department of the Army records of the individual concerned be corrected by adding the NDSM to his DD Form 214.
_______ _ _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) AR20140016235
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ABCMR Record of Proceedings (cont) AR20140016235
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