IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003288
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 WD AGO Form 53-280 (Enlisted Record and Report of Separation - Certificate of Service) to show he served on active duty as a member of the U.S. Army Reserve (USAR) in October 1950 during the Korean War.
2. The applicant states he was called up for active duty from the USAR in October 1950. He served at Fort Hood, TX, during the Korean War until he was discharged. He is submitting documents that demonstrate that he served during the Korean War. His WD AGO Form 53-280 shows he was released to the USAR in 1949. His commitment in the USAR was for 6 years. However, he was honorably discharged in 1955, not in 1951. It is clear from the DA Form 1383 (Annual or Terminal Statement of Retirement Points) that he served 30 days on active duty during the Korean War.
3. The applicant provides his WD AGO Form 53-280, DA Form 1383, Honorable Discharge Certificate, and a certificate of appreciation.
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 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 the applicant's records were lost or destroyed in that fire. However, the applicant's reconstructed record contains, and he provided, his WD AGO Form 53-280 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-280 shows he enlisted in the Army of the United States (AUS) on 6 August 1948 and he entered active duty on that date. He held military occupational specialty 657 (Medical Aide) and his last unit of assignment was with Company B, 48th Armored Medical Battalion, Camp Hood (now Fort Hood), TX.
4. He was honorably released from active duty on 5 August 1949 and he was transferred to the Enlisted Reserve Corps (now known as the USAR). He completed 1 year of creditable active service.
5. The applicant provides a DA Form 1383, dated 4 April 1952, issued by Headquarters, Arkansas Military District, USAR, wherein it shows between 6 August 1950 and 22 March 1951, he earned 9 membership points and 30 active duty points. This form also shows it was a final report and he had been honorably discharged from the USAR on 22 March 1951 due to physical rejection.
6. He provides a/an:
* Honorable Discharge Certificate that shows he enlisted on 6 August 1948, transferred to the USAR on 6 August 1949, and was honorably discharged from the USAR on 22 March 1951
* Certificate of Appreciation, undated, in recognition of honorable service during the Korean War, signed by Leon E. Panetta, Secretary of Defense
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated the WD AGO Form 53-280 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Enlisted members of the Army Reserve ordered to active duty for a period of 90 days or less were not to be issued a WD AGO Form 53-280.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was honorably discharged from the AUS on 5 August 1949 and transferred to the USAR on 6 August 1949. While he may have earned 30 active duty points while serving in the USAR between 6 August 1950 and 22 March 1951, the WD AGO Form 53-280 is a synopsis of the Soldier's most recent period of continuous active duty. There are no provisions for adding USAR active duty service to the WD AGO Form 53-280 which occurred after the Soldier was released from active duty. In addition, a WD AGO Form 53-280 is not issued for members of the USAR ordered to active duty for a period of 90 days or less
2. The DA Form 1383 he provided shows he was honorably discharged from the USAR on 22 March 1951 due to being medically disqualified. There is no evidence of a mistake or error.
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) AR20150003288
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ABCMR Record of Proceedings (cont) AR20150003288
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