ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 September 2019 DOCKET NUMBER: AR20190005413 APPLICANT REQUESTS: correction of his pay while he was assigned to Korea. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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's complete military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were documents remaining in a reconstructed record for the ABCMR to conduct a review of this case. 3. The applicant states: * he served in Korea for 14 months * his pay was never corrected * he has asked about this before, but he never received an answer * he would like someone at the Pentagon to look into this * he received a Combat Infantryman Badge and a Purple Heart * he knows this to be an error because all pay from the US Military is guaranteed * this was a bad mistake by the US Army 4. The applicant's service records were partially reconstructed. The reconstructed documents contained a DD Form 214 (Report of Separation from the Armed Forces of the United States). The DD Form 214 shows: * the applicant enlisted in the Regular Army on 23 July 1948 * he was a Corporal (T)/ E-4 effective 16 July 1951 * he had 1 year, 8 months and 22 days of foreign and/or sea service * he was awarded the Combat Infantryman's Badge, the Korean Service Medal with 4 Bronze Campaign Stars, and the Purple Heart * he was discharged from the Army on 22 April 1952 because of his expiration term of service * he completed 3 years and 9 months in the service 6. There is no evidence in the applicant's reconstructed record, and the applicant did not provide, evidence regarding what he was paid while he was in Korea or the amount that he believes he was underpaid. 7. A military pay chart from 1951 shows an E-4 under 2 years of service received $122.20 per month. An E-4 over 2 years of service received $129.95 per month. In 1952 Combat Pay was authorized for servicmembers deployed to Korea. Combat Pay awarded $45 per month to members serving at least six days in designated combat units or those wounded, injured, or killed by hostile fire. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. While the Board agreed that the applicant is a decorated veteran, fully deserving of honor and due process, the Board found that the record is void of and the applicant provided no documentation of any error in his pay. Therefore, the Board found that relief was not warranted. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. A web search revealed The History of Combat Pay at https://militarypay.defense.gov/Portals/3/Documents/Reports/SR09_Chapter_6.pdf, which states in 1952 Combat Pay was authorized for servicmembers deployed to Korea. Combat Pay awarded $45 per month to members serving at least six days in designated combat units or those wounded, injured, or killed by hostile fire. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190005413 3 1