ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20180003639


APPLICANT REQUESTS:  information to obtain college entry fees for his son paid by 
the California Department of Veterans Affairs (CALVET).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement
*	National Personnel Records Center (NPRC)
*	A list of his assignments
*	Bronze Start Write up
*	Honorable Discharge Certificate
*	Certificate of Military Service
*	DD 214 (Report of Separation from the Armed Forces of the United States)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, his son is going to college and he needs to get CALVET funds.

3.  The Applicant provided:

	a.  A self-authored statement stating, he received a letter from the National 
Personnel Records Center on 30 April 2007 informing him that his records were lost in 
the fire.  It stated most of all records were missing due to a fire.  He hasn’t heard 
anything else from NPRC.  Since then, he had health problems that was caused by 
combat in Korea.  The veteran’s administration hospital took care of his medical issues.  
He wants to know if there any way he could get an answer to him finding out what he 
has to do so his son can get his college entering fees paid by "CALVET". 

	b.  The National Personnel Records Center (NPRC) informing the applicant the 
majority of his records were burnt up on 12 July 1973.

	c.  A listing of his assignments from 4 November 1949 to 25 October 1951.

	d.  Orders number 631, dated 25 October 1951, Bronze Star write up.

	e.  Honorable Discharge Certificate, dated 7 November 1952.

	f.  Certificate of Military service, dated 26 April 2007.

	g.  DD Form 214 (Report of Separation from the Armed Forces of the United 
States) for the period ending 7 November 1952.

4.  The applicant service record shows:

     a.  The applicant's 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 his records were lost or destroyed in that fire.  
However, there were sufficient documents remaining in a reconstructed record to 
conduct a fair and impartial review of this case.  This case is being considered using 
reconstructed records which primarily consist of a DD Form 214. 

     b.  He was honorably discharge on 7 November 1952.  His DD Form 214 shows his 
net active service as 3 years, 5 months and 19 days.  Block 9 (Place of Separation) 
Indiantown Gap Military Reservation, PA.  It also shows he was awarded or authorized

      *	Bronze Star
      *	Korean Service Medal
      *	National Defense Service Medal
      *	Korean Unit Citation 
      *	Good Conduct Medal
      *	Combat Infantry Badge
      *	Parachute Badge

5.  Army Regulation 635-5 (Separation Documents) prescribed the policies and 
procedures for the preparation of separation forms.  The DD Form 214 is a summary of 
a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut 
record of active duty service at the time of release from active duty, retirement, or 
discharge. Only enter the individual's current unit of assignment and the title of the 
major command or agency having jurisdiction over that organization.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  The regulation 
governing the operations of the ABCMR states, in pertinent part, that applications will be 
returned without action by the Board when there is no evidence showing that a probable 
error or injustice exists.  A careful review of your application and the evidence you 
provided reveals that the applicant seek assistance from the Department of Veterans 
Affairs (VA).  Please understand the ABCMR does not have jurisdiction over benefits 
provided by the VA.  The Board recommends that the applicant contacts a veteran 
services organization to assist him with drafting his request to the VA.

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, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) prescribed the policies and 
procedures for the preparation of separation forms.  The DD Form 214 is a summary of 
a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut 
record of active duty service at the time of release from active duty, retirement, or 
discharge. Only enter the individual's current unit of assignment and the title of the 
major command or agency having jurisdiction over that organization.

3.  The child of a Veteran who has a service-connected disability, or had a service-
connected disability at the time of death, or died of service-related causes is eligible. 
The child's annual income, which includes the child's adjusted gross income, plus the 
value of support provided by a parent, may not exceed the annual income limit. The 
current academic year entitlement is based upon the previous calendar year's annual 
income. Under Plan B, wartime service is not required and there are no specific age 
requirements. Children are the only dependents eligible under this plan. There is no 
prohibition against receiving concurrent VA Chapter 35 benefits.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180003639

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