IN THE CASE OF: 

		BOARD DATE:  15 March 2022

		DOCKET NUMBER: AR20210009720


APPLICANT REQUESTS: correction of the foreign service listed on his DD Form 214 
(Report of Separation from the Armed Forces of the United States).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	3 - DD Forms 1140 (Army Reserve Qualification and Availability Questionnaire)
*	DD Form 214

FACTS:

1. The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, 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 he completed 1 year, 1 month, and 2 days, of foreign service in 
Korea, part of which was spent in a hospital in Japan.

3. The applicant’s complete military records are not available for review. His case will be 
considered using his partially reconstructed record and the evidence he provided.

4. The applicant provided a DD Form 214, which shows he enlisted in the Regular Army 
on 1 February 1952.

5. His reconstructed record contains Special Orders Number 172, issued by 
Headquarters, 11th Airborne Division (Angels), Fort Campbell, KY, dated 25 July 1955, 
which show the applicant was released from active duty (REFRAD) on 28 July 1955.

6. His DD Form 214 for the period 1 February 1952 to 28 July 1955 shows:

*	his service was characterized as general under honorable conditions
*	Item 22 (Net Service Completed for Pay Purposes this Period) – 3 years
*	Item 26 (Foreign and/or Sea Service) – 1 month, and 2 days
*	Item 27 (Decorations, Medals, Badges Commendations, Citations and Campaign 
Ribbons Awarded or Authorized) – National Defense Service Medal, Combat 
Infantryman Badge, Purple Heart, Korean Service Medal with bronze service 
star, and the United Nations Service Medal
*	Item 28 (Most Significant Duty Assignment) – Company A, 148th Engineer 
Battalion
*	Item 29 (Wounds Received as a Result of Action with Enemy Forces) – the entry 
“Korea 14 Jun 53 Right Lower Arm & Left thigh & Right leg”

7. The applicant provides three DA Forms 1140. These forms cover the period from 
1956 through 1958 and indicate the applicant was eligible for transfer to the Standby 
Reserve.

8. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army acting through the ABCMR. 
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:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. 
Because the applicant has the burden of proving an error or injustice by a 
preponderance of the evidence, in the absence of his complete service records, it is not 
possible to determine his foreign service. If the applicant can provide any supporting 
evidence to establish his exact dates of service overseas, he can reapply to this Board 
for reconsideration. 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

XX:	XX:	XX:	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, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3-year 
statute of limitations if the ABCMR determines it would be in the interest of justice to do 
so.

2. Army Regulation (AR) 15-185 prescribes the policies and procedures for correction of 
military records by the Secretary of the Army acting through the ABCMR. 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.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210009720


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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