RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            4 March 2004 
	DOCKET NUMBER:   AR2003091385

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Eric N. Anderson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that he be paid combat/furlough pay.

2.  The applicant states in an attached letter to his Senator that he was promised combat pay, but never received it.  He also states that he feels the United States owes him the combat pay and that he is soliciting the Senator's help in obtaining the combat pay.

3.  The applicant provides a self-authored letter to his Senator requesting his assistance in obtaining the combat pay.

4.  The applicant provides a copy of orders awarding him the Purple Heart, the Combat Infantryman Badge, and the Purple Heart Certificate. 

5.  The applicant also provides a copy of his honorable discharge certificate, his DD Form 214 (Report of Separation from the Army of the United States), and two copies of DD Form 215 (Correction to DD Form 214) for the period of service ending 20 November 1953.

6.  The applicant further provides a copy of DA Form 1577 (Authorization for Issuance of Awards) listing the awards he was authorized for his period of service ending 20 November 1953 and a copy of a page of the Korean War Casualty File reflecting his name as one of the wounded.

CONSIDERATION OF EVIDENCE: 

1.  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, the Board will conduct a fair and impartial review of this case based upon the available records.  

2.  The applicant is requesting correction of an error or injustice which occurred on 20 November 1953.  The application submitted in this case is dated 1 May 2003.  

3.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
4.  The available military records show the applicant enlisted in the Regular Army on 19 October 1949 for a period of 3 years and was trained in military occupational specialty (MOS) 1745 (Rifleman).  

5.  The applicant served with the 38th Infantry Regiment, 2nd Infantry Division in Korea.  On 18 May 1951, the applicant was wounded by shrapnel to the face while engaging the enemy in combat action.  

6.  WD AGO Form 8-118 (Disposition Board Proceedings for Officers), dated 2 November 1953, shows the applicant was a repatriated prisoner of war and that he was returned to a full duty status. 

7.  The applicant's DD Form 214 shows he was discharged on 20 November 1953 under the provisions of Army Regulation 615-360 by reason of expiration of term of service with an honorable discharge.  He was credited with 4 years, 1 month, and 2 days of active military service and no lost time.  He was held over 397 days for the convenience of the government and hospitalization.  It also shows the applicant received muster-out pay in the amount of $300.00.

DISCUSSION AND CONCLUSIONS:

1.  There are no pay records available to permit validation of the applicant's claim that he was not properly paid and he has not provided any corroborating evidence to support his request.  Accordingly, without corroborating evidence the Board cannot take further action.

2.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 November 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 19 November 1956.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__kan___  __klw___  __ena___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

			Kathleen A. Newman
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003091385	
SUFFIX		
RECON		
DATE BOARDED	20040304	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.1100	
2.	128.1400	
3.		
4.		
5.		
6.