IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140004666
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 most significant unit as the 955th Field Artillery Battalion.
2. The applicant states he served with the 955th Field Artillery Battalion in the Republic of Korea (ROK) rather than with the 988th Field Artillery, as shown in item 28 (most significant duty assignment)on his DD Form 214. He believes this was a typographical error. He wants his records to contain accurate information for legal and personal reasons.
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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the DD Form 214 as provided by the applicant and available regulations offer sufficient information for the Board to conduct a fair and impartial review of this specific request.
3. The applicants DD Form 214 shows:
a. he was inducted into the Army of the United States on 19 March 1951;
b. he completed the Artillery Leaders course at Camp Chaffee, Arkansas during July September 1951;
c. he served in the ROK for a period of 9 months and 12 days (exact dates are unavailable);
d. he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal;
e. his most significant duty assignment is shown as Headquarters and Headquarters Battery, 988th Field Artillery Battalion; and
f. he was released from active duty on 7 March 1953.
4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the units that served in the combat theater during the Korean Conflict.
a. This publication does not list the 988th Field Artillery Battalion as a unit that served in the ROK during the period of the conflict.
b. This publication does list the 955th Field Artillery Battalion as a unit that served in the ROK during the period of the conflict.
c. This publication also shows that Department of the Army General Orders Number 41, dated in 1955, announced an award of the ROK Presidential Unit Citation for the period from 19 September 1950 to 31 July 1952 to the 955th Field Artillery Battalion.
5. Army Regulation 600-8-22 (Military Awards):
a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.
b. The ROK War Service Medal is awarded to members of the U.S. Armed Forces who served in the ROK between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates that the applicant served in the ROK for a period of 9 months and 12 days sometime between October 1951 and 7 March 1953. This is supported by his award of the KSM with two bronze service stars. His assertion that he served with the 955th Field Artillery vice the 988th Field Artillery Battalion in the ROK is accepted as being reasonably accurate because there is no evidence showing a 988th Field Artillery Battalion as having served in the ROK at the time. Accordingly, his DD Form 214 should be corrected to reflect his most significant duty assignment as the 955th Field Artillery Battalion.
2. As a related issue and because he wants his DD Form 214 to contain accurate information for legal and personal reasons, it would be appropriate to add the following awards to this document:
* National Defense Service Medal
* ROK Presidential Unit Citation
* ROK War Service Medal
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:
a. deleting from his DD Form 214 the entry 988th FA Bn and replacing it with the entry 955th FA Bn and
b. showing in addition to the awards already shown on his DD Form 214, that his awards include the:
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation
* Republic of Korea War Service Medal
_______ _ _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) AR20130022122
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ABCMR Record of Proceedings (cont) AR20140004666
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