IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160011934 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: 19 September 2018 DOCKET NUMBER: AR20160011934 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. ____________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: 19 September 2018 DOCKET NUMBER: AR20160011934 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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all of his entitled commendations, awards, and medals. 2. The applicant states all the commendations, awards, and medals he was entitled are not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * Official Military Personnel File (OMPF, reconstructed) 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 OMPF is not available for review. A fire at the National Personnel Records Center in 1973 destroyed the major portion of records of Army military personnel for the period 1912 through 1959. It is believed the applicant's records were destroyed in that fire. The case is being considered using reconstructed records provided to the applicant from the National Personnel Records Center. 3. His DD Form 214 shows: a.  he was inducted into the Army of the United States on 26 October 1951 in the rank/grade of private/E-1, b.  he completed 1 year, 11 months, and 4 days of net service and he had 1 year, 2 months, and 10 days of foreign service. c.  his most significant duty assignment was Army Post Office 24, Headquarters, 24th Infantry Division, d.  he was honorably released from active duty on 29 September 1953 in the temporary rank/grade of private first class/E-3, and e.  he was awarded or authorized the: * Korean Service Medal with one bronze service star * United Nations Service Medal * National Defense Service Medal 4. The applicant did not state what was missing from his DD Form 214 and he did not provide additional records. REFERENCES: 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 ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends all of his commendations, awards, and medals he was entitled to were not listed on his DD Form 214. However, he did not specifically identify which awards were missing from his DD Form 214. 2. His OMPF is not available for review and it is believed his records were destroyed in the 1973 fire at the National Personnel Records Center. He did not provide additional records. 3. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011934 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011934 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2