IN THE CASE OF:    

		BOARD DATE:  18 August 2015	  

		DOCKET NUMBER:  AR20150000203 


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 award of the Army Good Conduct Medal and to show that he was assigned to a Special Forces unit.

2.  The applicant states, in effect, his records were destroyed in a fire at the National Personnel Records Center in 1973, and the requested information is not listed on his DD Form 214.

3.  The applicant provides:

* a letter
* DD Form 214
* General Orders Number 92
* Special Orders Number 14

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 complete 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 that the applicant's records were lost or destroyed in that fire.  However, there appears to be sufficient documentation remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered into active service on 24 November 1953 at Boston, Massachusetts.  The form shows at the time of his separation, he held military occupational specialty 711.10 (Clerk Typist) and his most significant duty assignment (i.e., his last duty assignment) was with Service Company, 32nd Infantry Regiment.

4.  The applicant provides:

   a.  General Orders Number 92, issued by Headquarters, Personnel Center, Fort Dix, New Jersey, dated 18 October 1955, which shows he was awarded the Army Good Conduct Medal for the period 24 November 1953 to 19 October 1955.

   b.  Special Orders Number 14, issued by Headquarters, XIII U.S. Army Corps, Fort Devens, Massachusetts, dated 21 January 1969, which shows he was assigned to the 320th Special Forces Operations Detachment, Boston, Massachusetts, for the period 19 October to 1 December 1959.

5.  His DD Form 214 further shows he completed 1 year, 10 months, and 26 days of creditable active service, of which 1 year, 5 months, and 1 day was foreign service.  He was honorably released from active duty in the rank/grade of specialist-3 on 19 October 1955, and transferred to the U.S. Army Reserve (USAR) Infantry, Massachusetts Military District.

6.  His DD Form 214 shows award of the:

* Korean Service Medal 
* United Nations Service Medal
* National Defense Service Medal

7.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  The service prescribed must have been performed while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

8.  Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time of the applicant's separation, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.

9.  Paragraph 14 of Special Regulation 615-360-1 contained item-by-item preparation instructions for the DD Form 214.  The instructions for item 28 (Most Significant Duty Assignment) stated to enter the last unit or similar element to which assigned for duty rather than the element of which an individual was a part while moving to a separation activity.  It further stated that assignment to units for the purpose of transfer to the United States was also considered part of the movement to a separation activity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of the Army Good Conduct Medal and to show that he was assigned to a Special Forces unit has been carefully examined and found to have partial merit.
 
2.  General orders award him the Army Good Conduct Medal.  Therefore, his       DD Form 214 should be corrected to show this award.

3.  Based on the available record and his previously-awarded Korean Service Medal, the applicant is entitled to award of the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant contends that item 28 of his separation document should show that he was assigned to the 320th Special Forces Operations Detachment.  The regulation in effect at the time clearly stated the last primary unit of assignment and not units to which members were assigned for the purpose of movement to the United States would be entered in item 28. 

5.  Evidence provided by the applicant clearly shows he was not assigned to the 320th Special Forces Operations Detachment until October 1959, well after his release from active duty and transfer to the USAR on 19 October 1955.  As such, it would be inappropriate to amend item 28 of his DD Form 214 to show his assignment to the 320th Special Forces Operations Detachment.

6.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show award of the Army Good Conduct Medal and the Republic of Korea War Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 28 of his DD Form 214 to show his assignment to the 320th Special Forces Operations Detachment.  



      _______ _   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)                                         AR20150000203





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ABCMR Record of Proceedings (cont)                                         AR20150000203



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