IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150000127
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his service in Korea from 1954 to 1955.
2. The applicant states that his DD Form 214 shows his most significant unit as the 327th Communications Reconnaissance Company, Army Post Office (APO) 63 which he believes is in Formosa. However, he served in the 501st Communications Reconnaissance Group in Seoul, Korea and in a company located in Uijeongbu, South Korea. He also states that he needs his DD Form 214 to reflect his service in Korea so that he can join a service organization.
3. The applicant provides a copy of his DD Form 214 and two photographs.
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 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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 shows he enlisted in the Regular Army on 1 September 1953 for a period of 3 years. He completed his training as an office machine repairman at Fort Lee, Virginia in August 1954.
4. His DD Form 214 also shows he served 1 year, 8 months and 5 days of foreign service and his most significant duty assignment was the 327th Communications Reconnaissance Company in APO 63, which was in Formosa (now known as Taiwan).
5. On 23 June 1956, he was honorably released from active duty (REFRAD) at Fort Ord, California and was transferred to the U.S. Army Reserve. He had served 2 years, 9 months and 23 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and the Good Conduct Medal.
6. The applicant provides two photographs of an individual standing at Libby Bridge and at the 38th Parallel, which are both in Korea. The applicant asserts that the photographs are of him and establish that he was stationed in Korea.
7. There are no records to review other than the DD Form 214 provided by the applicant and it does not establish his assignment to Korea or the period of his assignment to Korea.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served in Korea is not in doubt, without sufficient evidence to establish he was assigned there and the period he was assigned, it cannot be determined with any degree of certainty that such was the case.
2. Therefore, in the absence of evidence to show when he was assigned to Korea and the unit he was assigned to, there is an insufficient basis for granting his request.
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.
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