IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017284 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017284 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. 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. IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017284 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 his service during the Korean War in 1951–1952. 2. The applicant states that the entry date recorded on his 26 February 1957 DD Form 214 is incorrect. The form does not show his service with Company E, 65th Infantry Regiment, 2nd Infantry Division, during the Korean War, and it does not show all of his authorized awards and decorations, including the Korean Service Medal and the Combat Infantryman Badge. He states these corrections are necessary to support his application for disability benefits. 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 complete 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 (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's reconstructed record contains the following documents: a. Page 10 of a multipage-page document, dated 1 October 1951, subject: Service Numbers Assigned. It shows, in pertinent part, the applicant was inducted into the U.S. Army on 17 May 1951 and assigned service number "US 50 XXX 794." b. Two GSA (General Services Administration) Forms 6954 (Certification of Military Service), issued on 3 June 1977 and 3 August 1979, that show the applicant entered the Army on 17 May 1951 and he was honorably discharged, in the rank of specialist third class, on 26 February 1957. c. Headquarters, U.S. Army Personnel Center, Fort Buchanan, Puerto Rico, Special Orders Number 39, dated 26 February 1957, that shows the applicant was released from active duty and discharged effective 26 February 1957. d. A DD Form 214 that shows the applicant entered the Regular Army (RA) on 17 February 1954, he served as an infantry Soldier, and he was honorably discharged, in the rank of specialist third class, on 26 February 1957. It also shows in: * item 2 (Service Number): RA 50 XXX 794 * item 24 (Statement of Service), block a (Creditable Service) – * line 1 (Net Service This Period): 3 years, 0 months, 10 days * line 2 (Total Other Service): 2 years, 9 months, 0 days * item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * National Defense Service Medal 4. A review of the applicant's military service records failed to reveal a copy of a DD Form 214 for the period of service beginning 17 May 1951. This review also failed to reveal any evidence that he served in Korea during 1951–1952, or that he was awarded the Korean Service Medal or the Combat Infantryman Badge. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. b. The Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. Commanding officers of infantry regiments and separate infantry battalions were the award authorities. 2. Army Regulation 635-5 (Personnel Separations – Separation Forms), in effect at the time of the applicant's discharge, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It shows a DD Form 214 will be prepared for each person released from active duty, separated, or discharged. Paragraph 1 (Preparation of DD Form 214) contains guidance on the preparation of the DD Form 214. It shows for: * item 24, block a – * line 1, enter total service completed between inclusive dates of current period of service * line 2, enter all prior service, excluding any service show in item 24, block a, line 1 * item 26, enter decorations awarded or authorized during period covered by the DD Form 214 DISCUSSION: 1. The applicant contends that his 26 February 1957 DD Form 214 should be corrected to show his service in Korea during 1951–1952, along with his unit of assignment and awards. 2. The evidence of record shows the applicant: * was inducted into the U.S. Army on 17 May 1951 and he completed 2 years and 9 months of creditable service * enlisted in the RA on 17 February 1954, was discharged on 26 February 1957, and he completed 3 years and 10 days of creditable service 3. Calculations to confirm the above periods of service show the following: 1951  05  17 date inducted into U.S. Army + __02  09  00 total other (prior) service (from DD Form 214) = 1953  14  17 (14 months equals 1 year and 2 months) or = 1954  02  17 discharged from U.S. Army to enlist in RA 1957  02  26 date discharged from RA - 1954  02  17 date enlisted in the RA =  03  00  09 + _ 1 inclusive day =  03  00  10 net active service during this period 4. The applicant's DD Form 214 shows his creditable active service in the RA from 17 February 1954 through 26 February 1957. It also shows his prior period of creditable active service in the U.S. Army (i.e., 2 years and 9 months). 5. It appears the applicant's DD Form 214 for the period of service when he was inducted into the U.S. Army on 17 May 1951 and discharged to enlist in the RA on 17 February 1954 may have been lost or destroyed in the fire at NPRC. 6. The evidence of record shows (on two occasions) the applicant was issued a Certification of Military Service to confirm his honorable military service from 17 May 1951 through 26 February 1957. 7. The available evidence, regrettably, does not substantiate the applicant's service in Korea in 1951–1952, his unit of assignment, or any decorations he may have been authorized or awarded during that period. In the absence of military records confirming his awards for service in Korea and/or his period of service in Korea, there is no evidentiary basis for making the corrections he seeks. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017284 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017284 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2