IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160017842 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: 13 June 2018 DOCKET NUMBER: AR20160017842 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: 13 June 2018 DOCKET NUMBER: AR20160017842 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 (Report of Separation from the Armed Forces of the United States) to show a duty assignment in Korea. 2. The applicant states in 1955 he was transferred from the Army Medical Department in Japan to the Medical Detachment, 1st Cavalry Division Artillery, in Korea. This does not appear on his DD Form 214. 3. The applicant provides: * Standard Form 180 (Request Pertaining to Military Records) * two immunization records * U.S. Government Operator's Permit * Honorable Discharge Certificate * 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 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of his case. 3. His DD Form 214 shows: * he was inducted into the Army of the United States on 14 July 1953 * he served 11 months and 13 days of foreign service * he was awarded the National Defense Service Medal * in item 28 (Most Significant Duty Assignment), his most significant duty assignment as with the 1666th Medical Detachment, 1st Cavalry Division Artillery * he was honorably released from active duty on 27 May 1955 4. He provided: a. Two immunization records. b. U.S. Government Operator's Permit. c. An Honorable Discharge Certificate showing he was honorably discharged from the U.S. Army Reserve on 30 June 1961. 5. Unit histories for the 1st Cavalry Division Artillery consistently show that the unit served in Korea from 1950 to 1951, and then served in Japan. The 1st Cavalry Division Artillery returned to Korea in 1957. REFERENCES: Special Regulations 615-360-1 (Enlisted Personnel/Separation of Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and describe the proper method of execution and disposition of the various forms, records, and reports required. a. The instructions for item 28 stated to enter the most significant duty assignment and unit to which assigned for longest period of service. The title and/or number of the organization would be precisely as indicated in the service record. b. There was no provision to enter any duty assignment on the DD Form 214 other than the most significant duty assignment. DISCUSSION: The applicant requests correction of his DD Form 214 to show a duty assignment in Korea. His DD Form 214 shows his most significant duty assignment as the 1666th Medical Detachment, 1st Cavalry Division Artillery. While it appears that this unit was in Korea beginning in 1957, the applicant was released from active duty in 1955, which was prior to when his unit would have arrived in Korea. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017842 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017842 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2