RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 October 2005
      DOCKET NUMBER:  AR20050004080


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth Lapin                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his middle name in item 1 (Last Name –
First Name – Middle Name) on his DD Form 214 (Report of Separation from the
Armed Forces of the United States) be changed to Neal instead of Nell.  He
requests that item 20 (Home Address at Time of Entry into Active Service)
on his DD Form 214 be corrected to show Harris County instead of Harrison
and that item 28 (Most Significant Duty Assignment) on his DD Form 214 be
corrected to show Company F, 14th Infantry Regiment instead of Company F,
34th Infantry Regiment.

2.  The applicant does not provide an explanation.

3.  The applicant provides a letter of commendation for award of the Combat
Infantryman Badge; a birth certificate; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
5 September 1952.  The application submitted in this case is dated 10 March
2005.

2.  Title 10, U.S. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

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.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant enlisted on 6 December 1950.  He served as an infantryman
in Korea and was honorably discharged on 5 September 1952.

5.  Item 1 on the applicant’s DD Form 214 shows the middle name Nell.  Item
19 (Date and Place of Entry into Active Service/Place (City and State)) on
his DD Form 214 shows the entry, “Houston Texas.”  Item 20 on his DD Form
214 shows the entry, “General Delivery Kinwood Texas (Harrison).”  Item 28
on his DD Form 214 shows Company F, 34th Infantry Regiment as his most
significant duty assignment.

6.  The applicant provided a copy of his birth certificate which shows the
middle name Neal.  This certificate also shows that he was born in the
State of Texas, City of Houston, and County of Harris.

7.  The applicant provided a letter of commendation, dated 21 October 1951.
 This letter shows the applicant was assigned to Company F, 14th Infantry
Regiment when he received the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s birth certificate is accepted as sufficient as a basis
for amending item 1 on the applicant’s DD Form 214 to show the middle name
Neal.
2.  The applicant’s birth certificate shows that his place of birth was
Harris County.  Therefore, it is reasonable to presume that the entry
“(Harrison)” shown in item 20 on his DD Form is incorrect.  Therefore, it
would be appropriate to correct item 20 on his DD Form 214 to show Harris
County.

3.  Evidence of record shows the applicant was assigned to Company F, 14th
Infantry Regiment during his assignment in Korea and when he was awarded
the Combat Infantryman Badge in 1951.  Therefore, it would be appropriate
to correct item 28 on his DD Form 214 to show his most significant duty
assignment was Company F, 14th Infantry Regiment.

BOARD VOTE:

JS_____  LS______  KL______  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  deleting the entry “Nell” in item 1 on his DD Form 214;


      b.  adding the entry, “Neal” in item 1 on his DD Form 214;


      c.  deleting the entry, “(Harrison)” in item 20 on his DD Form 214;


      d.  adding the entry, “(Harris County)” in item 20 on his DD Form 214;


      e.  deleting the entry, “34th Inf Regt [Infantry Regiment] in item 28
on his DD Form 214; and


      f.  adding the entry, “14th Infantry Regiment” in item 28 on his DD
Form 214.






            __John Slone__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004080                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     | .                                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |112.0100                                |
|3.                      |100.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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