ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  25 June 2019

	DOCKET NUMBER:  AR20190005896


APPLICANT REQUESTS: 

*	Correct date of entry to the United States Army 
*	Correct rank at time of discharge 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self –Authored Timeline of Significant Events 
*	National Archives and Records Administration (NARA) Form 13038 (Certification 
of Military Service)

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 for review.  A fire 
destroyed approximately 18 million records at the National Personnel Records Center in 
1973.  It is believed his records were lost or destroyed in that fire.  This case was 
considered based on the documents provided by the applicant and a partially 
reconstructed file by the National Personnel Records Center (NPRC) in St. Louis, MO.

3.  The applicant states his date of entry in the United States Army is                                          
30 November 1951.  At the time of his discharge, he achieved the rank of Sergeant 
(SGT/ E5). 

4.  The applicant provides NA Form 13038 showing his period of service                                     
30 November 1954 to 21 December 1956.  His rank at discharge shows Private.  



5.  He also provided a self-authored timeline showing the following:

*	on December 1951 he checked into 364th Company C at Fort Dix New Jersey
*	he completed 16 weeks of basic training, 8 weeks regular training and 8 weeks 
advanced infantry training
*	expert in B.A., M1 and hand grenades
*	he prepared for overseas 
*	flew out of Fort Maguire Air Force Base during the summer to Pooson, Korea
*	he received two months early discharge in 1954 while in Germany 
*	returned to US, stationed for 3 years at Fort Riley, Kansas, he served on the Rifle 
Team (small bore, .22 and 30 Caliber)
*	received 10th Mountain Climbing and Cold Weather Training in Camp Hale, 
Colorado
*	1954 to 1955 conducted Operation Sage Brush, jumped with 101st Airborne at 
Camp Polk, Louisiana 
*	discharged December 1956 at Fort Dix, New Jersey
*	he suffers service related injuries; injured fingers, lungs, back and legs; had 
cerebral aneurysm, hernia, Chronic obstructive pulmonary disease  
*	was exposed to napom and asbestos 

6.  A review of the applicant’s NPRC records show:

*	16 April 2019 – BIRLS data query results show the applicant’s service period 
from  30 December 1951 to 1 June 1956 
*	DA Form 1 (Morning Reports SR 335-50-1) shows:
o	8 June 1955- he was honorably discharged in the permanent grade of 
PVT-2 on for a period of 3 years
o	16 September 1956- the applicant, with the rank of PVT-2 was absent 
without leave (AWOL) since 18 August 1956 so was dropped from rolls as 
a deserter
o	13 October 1956- he was pending trial for violation of Article 86 para 27 as 
a PVT-2
o	30 October 1956 –he was convicted for violation of Article 86, sentenced 
to hard labor for 3 months; automatically reduced from PVT-2  to PVT-1
o	21 December 1956 - lists him as a PVT-1 with a note “Dy to departed 
(Intransit) pending EDCSA”

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) provides 
that the ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  The applicant has the burden of proving an error or injustice 
by a preponderance of the evidence.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the available records.  The Board reviewed his statement regarding his 
service, discussed that the applicant’s records were burned, but some records were 
available for review, noted a VA document (BIRLS) that shows earlier service but 
determined there were no other records to support the earlier period of service.  
Unfortunately, the Board determined that there was insufficient evidence to make a 
correction to document the period of service and rank that the applicant requests. 

2.  After reviewing the application and all supporting documents, 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.  Army Regulation 15-185 (Army Board for Correction of Military Records) provides 
that the ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  The applicant has the burden of proving an error or injustice 
by a preponderance of the evidence.

ABCMR Record of Proceedings (cont)	 AR20190005896
	
2

1