IN THE CASE OF:
BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140019148
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 overseas service in Korea.
2. The applicant states he served in-country from 1951 to 1952 for a period of 10 months and 26 days.
3. The applicant provides his DD Form 214 and a letter from the National Personnel Records Center, dated 9 September 2014.
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 the applicant's records were lost or destroyed in that fire. However, this case is being considered using the applicant's DD Form 214.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active service on 14 February 1951.
4. He was honorably discharged on 3 December 1952. The DD Form 214 he was issued at the time shows he completed 10 months and 26 days of foreign service and he was awarded the Korean Service Medal with three bronze service stars, United Nations Service Medal, and one overseas service bar.
5. He provided a letter from the National Personnel Records Center, dated 9 September 2014, which informed him that his military personnel records were lost or destroyed in the fire in 1973. He was also informed that there are alternate records sources that often contain information which can be used to reconstruct service record data lost in the fire; however complete records cannot be reconstructed. The National Personnel Records Center has no authority to review and approve amendments or corrections to military records; to include award authorizations, i.e. Korean Ambassador Peace Medal. He was advised this function is a function of the Review Boards of the military service departments. Based on the documents he provided and/or official documents available, he was shipped the National Defense Service Medal, Korean Service Medal with three bronze service stars, United Nations Service Medal, and Korea Defense Service Medal.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time did not provide for identifying a Soldier's specific overseas location.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 indicates he completed 10 months and 26 days of foreign service. However, the regulation in effect at the time did not provide guidance to enter the theater in which the overseas service was performed on the DD Form 214.
2. His DD Form 214 shows award of the Korean Service Medal with three service stars. Although Army regulations in effect at the time did not provide for recording the country in which foreign service was performed on the DD Form 214, the award of the Korean Service Medal serves as sufficient evidence to show he served in Korea.
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) AR20140019148
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ABCMR Record of Proceedings (cont) AR20140019148
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