PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 October 2002
	DOCKET NUMBER:   AR2002074963

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen A. Heinz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Report of Separation from the Armed Forces of the United States, DD Form 214, be corrected to show he completed 2 years of high school, to add all his awards, to show his new name, and to show he contracted malaria.

3.  The applicant states that he attended Central High School in New Jersey for  2 years, that he received more awards than are shown on his DD Form 214, that he changed his name for personal reasons, and that he had malaria while in the service.  As supporting evidence he provides an Authorization for Issuance of Awards, DA Form 1577; an Addendum to DA Form 1577, NPRC Test Form     99-2A; a copy of his legal name change order; and an undated Physical Inspection Form.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

5.  The applicant enlisted in the Regular Army on 7 October 1949 and honorably separated on 30 October 1952 after completing 3 years and 24 days of creditable active service with no lost time.  His DD Form 214, item 1 (Name) shows his name      as Joseph Nicholas G___.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Purple Heart, the Korean Service Medal with three bronze service stars, and the United Nations Service Medal.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he was wounded on 24 April 1951.  Item 46 (Non-Service Education (years successfully completed)) shows he completed 8 years of grammar school and no high school.

6.  The provided DA Form 1577 and NPRC Test Form 99-2A, both dated          10 September 2001, show the applicant was authorized, in addition to the awards shown on his DD Form 214, the Army Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

7.  The provided Physical Inspection Form shows the applicant was given a P-2 profile for malaria.

8.  On 22 May 1958, the applicant legally changed his name to Joseph J___.

9.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

10.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

CONCLUSIONS:

1.  There is sufficient evidence of record to show the applicant was awarded the Army Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation in addition to the awards shown on his DD Form 214.

2.  The applicant's records are not available and he provides no evidence to show he completed 2 years of high school.

3.  It is acknowledged that the applicant had malaria while in the service; however, while there is a section on the DD Form 214 to enter wounds received as a result of enemy action there is no section to enter diseases contracted while in the service.

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  It appears the applicant appropriately served on and was separated from active duty under the name he provided upon his entry onto active duty.  He did not legally change his name until 1958, 3 years after his separation.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant's DD Form 214, item 27 be amended to add the Army Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__RVO__  __BJE__  _ _KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor__
		          CHAIRPERSON

INDEX

CASE ID	AR2002074963	
SUFFIX		
RECON		
DATE BOARDED	2002/10/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	110.04	
3.	100.00	
4.		
5.		
6.