IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005021 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards. 2. The applicant states he served overseas in Korea during his military service. 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 service 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. As such, this review will be conducted based on information recorded on the applicant's DD Form 214. 3. The applicant's DD Form 214 shows he was inducted into the Army of the United States (AUS) on 15 November 1954, was honorably released from active duty on 31 October 1956, and transferred to the U.S. Army Reserve, Massachusetts Military District. He had completed 1 year, 11 months, and 17 days of total active service this period that included 1 year, 6 months, and 20 days of foreign service. It also shows in: * item 3 (Grade - Rate - Rank and Date of Rank): Private First Class, Temporary, 24 September 1955 * item 4 (Department, Component and Branch or Class): Army, AUS, Artillery * item 12 (Last Duty Assignment/Major Command): "14 APA BN APO 34" * item 25 (Specialty Number and Title): 140.00, Cannoneer * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Army Good Conduct Medal 4. Army Post Office listings show APO 34 was used for Germany. 5. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The National Defense Service Medal is awarded for honorable active service for any period between, in pertinent part, 27 July 1950 and 27 July 1954. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air space above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days. 6. A review of the Center for Military History website (www.history.army.mil) failed to reveal a unit history for the 14th Armored Personnel Artillery Battalion, 14th Armored Field Artillery Battalion, or the 14th Anti-Aircraft Artillery Battalion. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards. 2. The applicant's DD Form 214 shows that he served on active duty from 15 November 1954 through 31 October 1956, which included 1 year, 6 months, and 20 days of foreign service. a. His last duty assignment is identified as "14 APA BN." This could represent the 14th Armored Personnel Artillery Battalion, but no such unit history could be found. Thus, it appears this entry may contain a typographic error and that the unit actually was either the 14th Armored Field Artillery Battalion (14 AFA BN) or the 14th Anti-Aircraft Artillery Battalion (14 AAA BN). b. In any case, a review of those possible unit histories failed to reveal evidence that any of the possible units were deployed in Korea during the period of service under review. 3. The location for his last duty assignment shows an Army Post Office in Germany. 4. The evidence of record fails to show that the applicant qualified for any additional awards or service medals during the period of service under review. 5. Based on the available evidence of record, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ _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) AR20150005021 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005021 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1