IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200002035 APPLICANT REQUESTS: the spouse of the former service member (FSM) requests, in effect, correction of a National Archives (NA) Form 13038 (United States of America Certification of Military Service) to show the FSM's date of induction was 1950 vice 1951 and back pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate * NA Form 13038 * Marriage Certificate * 2 Spouse Emails * Certification of Death * Congressional Interest FACTS: 1. The applicant states the FSM was discharged 19 November 1956. This is wrong, he was inducted on 8 March 1950 and honorably discharged 9 November 1952 as a staff sergeant and was never in a Reserve component. He was in the Army from 8 March 1950 to 9 December 1952 as a forward observer in Korea. He was not paid. The spouse had been trying to get the FSM paid. 2. The applicant provides: a. NA Form 13038 issued by the National Archives that shows the FSM was a member of the Enlisted Reserve Corps from 8 March 1951 to 9 December 1952. b. Honorable Discharge Certificate that shows he was inducted on 8 March 1951 and transferred to United States Army Reserve under the provisions of SR 615-363-5, effective 9 December 1952. He was honorably discharged from the Army of the United States on 19 November 1956. c. An email dated 11 December 2019, in which the applicant states she received a form that was to have corrected the FSM’s discharge date. They sent a form for correction of the FSM’s discharge to have a Standard Form 180 sent to them so that it could be corrected on his discharge. The discharge date was incorrect. The applicant states the form was uncorrected and that is why she contacted the Army Review Boards Agency. The FSM suffered from post-traumatic stress disorder (PTSD). He was paid for basic training and one time for rest and recuperation but as he raised in rank to a SSG he never received any money for each rank he was raised to. They had tried for years to have this fixed but and found out the FSM’s records probable were in a big fire. Korea was a horrible place and the FSM had terrible stories to tell but rarely told them. d. The applicant sought congressional assistance, her email dated 8 September 2020 reflects she and her son in law sought to find the reasons for the mistakes but no one could find his records. The FSM was in the Army as a SSG from 8 March 1950 thru 9 December 1952. However, his discharge came through 8 March 1951 thru 9 December 1952. He was honorably discharged on 19 November 1956. Not sure why the date of 9 November 1956. They were married in 1956. The spouse received NA Form 13038 with the incorrect numbers. The FSM served in Korea as a forward observer with mortars with his life in jeopardy every day. The FSM suffered with PTSD and would not talk about his experience in Korea. The spouse had an awful time having the FSM buried at Fort Indian Town Gap because they had him listed in their records as being in the Reserves when it should have been listed as active. e. The Certification of Death shows the FSM died on 14 June 2020. 3. The FSM's 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. The Board believes that his records may have been lost or destroyed in that fire. 4. The ABCMR corrects military records. The NA Form 13038 is not a military record; it is issued by the National Archives. Requests for correction of this form should be addressed to that agency. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board determined that, with the unfortunate absence of military records confirming the applicant's claim that the FSM served during a different period in a different component, there is insufficient evidence to support making any changes to the FSM's record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). The ABCMR members will review all applications that are properly before them to determine the existence of error or injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002035 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1