ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20180008602


APPLICANT REQUESTS:  his DD Form 214 (Record of Separation from the Armed Forces of the United States) be corrected to show he was assigned to the 2nd Infantry Division (2ID).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Immunization Register
* Orders Number 24, dated 23 August 1954
* Memorandum from Assistant Adjutant, dated 13 September 1954
* Memorandum for Transfer to Reserve Component, dated 27 May 1955
* Special Orders Number 105, dated 31 May 1955
* Special Orders Number 126, dated 29 June 1955
* DD Form 214
* Email Thread Reference Membership in Indianhead Division Association
* Wikipedia Extract of 44th Infantry Division reflagging as 2ID
* National Personnel Records Center (NPRC) Letter dated 18 January 2018

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 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 he would like his DD Form 214 updated to show his service ended while he was assigned to 2ID in Ft. Lewis, Washington.  He spent most of his service with the 44th ID, but on 10 October 1954 upon release from the Korean War, the unit was reflagged as 2ID.  He wore the 2ID patch at discharge and would like his records to reflect the appropriate unit at discharge.  The NPRC stated his records were believed to be destroyed in a fire, but he has provided what he can to authenticate his infantry division association and for future media use.

3.  The applicant provides:	

   a.  A copy of his immunization record which does not reflect unit of assignment.

   b.  Orders Number 24, dated 23 August 1954, show his temporary promotion to Corporal (CPL)/E-4 and his unit of assignment as Headquarters, 44th ID.

   c.  A memorandum from the Assistant Adjutant, dated 13 September 1954, indicated orders affecting promotion would not be revoked.

   d.  A memorandum regarding transfer to the Reserve component, dated 27 May 1955, noted the applicant, a Sergeant (SGT) at the time of notification, would be transferred to the Army Reserve effective 2 June 1955. 

   e.  Special Orders Number 105, dated 31 May 1955, named the applicant as one of several service members that would be discharged from the service effective 1 June 1955.

   f.  Special Orders Number 126, dated 29 June 1955, released the applicant from Active Duty with a 2 June 1955 effective date.

   g.  His DD Form 214, shows his most significant assignment as Headquarters and Headquarters Company, 130th Infantry Regiment, Fort Lewis, WA.

   h.  An email thread reference the applicant’s request for membership in the Indianhead Division Association.

   i.  A Wikipedia extract, pulled on 16 February 2018, noted the 44th ID was a division of the United States Army National Guard from October 1920 to November 1945, when it was inactivated under Federal Service during World War II.  A second 44th ID existed in the Illinois Army National Guard from 1946 until October 1954.

   j.  A letter from NPRC, dated 18 January 2018, which stated the applicants service record were likely located in the area that suffered the most damage in a fire and may have been destroyed.  They did not have records necessary to answer his inquiry.

4.  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 documents the applicant submitted.

   a.  He was inducted in the Army of the United States on 6 August 1952.

   b.  Orders Number 24, dated 23 August 1954, for promotion to CPL/E-4 and signed by the Commander, indicate the applicant was assigned to Headquarters, 44th ID.
   c.  He was honorably released from active duty on 1 June 1955.  His DD Form 214 shows he completed 1 year, 9 months, and 26 days of total active service.  It also shows within “Service Data” that he was assigned to Headquarters and Headquarters Company, 130th Infantry Regiment.

5.  By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  For Block 28 (Most Significant Assignment), enter the Soldier's most significant assignment.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board members noted that the 44th ID did morph into the 2nd ID; however, the Board found insufficient evidence to show that the applicant served in 2nd ID.  Everything in the record places him in the 130th Infantry Regiment, Fort Lewis, which didn’t fall under 2ID.

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 Army Board for Correction of Military Records (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 635-8 (Separation Processing and Documents), currently in effect, states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180008602


4


1