ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  11 April 2019

	DOCKET NUMBER:  AR20190001028


APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Korea during the War.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* a Morning Report, dated 3 November 1951
* DA AGO Form 305-5 (Enlisted Roster), dated 31 January 1952
* a map of Korea
* a photograph

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:

     a.  He wants his DD Form 214 corrected to show he served in the Korea War.  
He has been denied benefits because of the information not being correct on his DD Form 214.  

     b.  He submitted a military morning report from.  The morning report, dated November 3, 1951, shows his name on the roster of Soldiers in the 65th Infantry Division.  He was assigned to the 65th Infantry Division.  He feels that the fact that his combat infantryman badge or any other awards, which are not on his 
DD Form 214, is not his fault.

     c.  He also submits a copy of a DA AGO Form 305-5 (Roster), which shows his name in the enlisted roster.  

     d.  He has requested evidence from the Record Management Center in St. Louis, MO; however, the records were burnt in a fire in 1975.  

3.  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 that the applicant’s records were lost or destroyed in that fire.  The applicant's case is being considered based his DD Form 214 and the documents he provides.  These documents are sufficient to render a fair and impartial decision.  

4.  The applicant's DD Form 214 for the period 13 December 1952 through 5 December 1957 contains the following entries:

* Item 2 (Service Number) – “RA29 191 608”
* Item 24a (Other Service) – “5 11 0” 
* item 24d (Foreign and/or Sea Service) – illegible
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – does not show he was awarded the Korean Service Medal
* item 32 (Remarks) – he reenlisted in the Regular Army on 13 December 1952 

5.  The available records do not include a DD Form 214 documenting active duty service prior to 13 December 1952.  The regulation governing separations, in effect at time provided that a DD Form 214 would be issued each time a Soldier was discharged for immediate enlistment.

6.  The applicant provides:

     a.  A Morning Report, dated 3 November 1951, for Company L, 65th Infantry Regiment, shows the unit was located in, APO 468.  This document lists the applicant’s name, his serial number, and shows he was assigned to Headquarters, 65th Infantry with an expected date of change of strength accountability of 1 November 1951.  He was expected to depart the Far East Command in July 1952. 

     b.  An enlisted roster, dated as of 31 January 1952,  documenting permanent party enlisted Soldiers assigned to Company L, 65th Infantry Regiment, APO 468, San Francisco, CA.  The portion of the roster provided lists Soldiers alphabetically, by last name from AB-BET.

7.  The exact dates of the applicant's arrival to and departure from Korea are unknown.  




BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s contentions were carefully considered.  The morning report provided as evidence shows dated information that occurred prior to the period covered by the DD Form 214.  The applicant’s complete record is not available for review.  It is possible he served a previous period of service and received an earlier separation document.  Based upon the preponderance of evidence, the Board agreed there was no error or injustice with his DD Form 214 for the period ending 5 December 1952.

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 635-5 (Separation Documents) establishes the policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. 

     a.  Item 24c, states for enlisted personnel), to enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214.

     b.  Item 26, states to enter decorations etc., awarded or authorized during period covered by the DD Form 214 being prepared from item 21, DA Form 66 or section 9 
DA Form 24 (Service Record) omitting authorities cited therein.

     c.  Item 32, the "Remarks" section will be used to complete entries too long for their respective blocks.  When used for cross reference, the item number must precede the continued information.  If item 32 is filled and still more space is required, the last line will read "Continued on reverse" and the remarks will be completed on the reverse side of the form.  Because of the arrangement of the onetime carbon contained in this form, all items on the face of the form should be completed prior to using the reverse side.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001028
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