RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050006058


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Mr. Allen Raub                    |     |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 correction of item 25 (Education and Training
Completed) on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) to show he completed high school General Educational
Development (GED) testing in August 1966.  He requests that the suffix
"Jr." be added to his name.  He also requests, in effect, that he be
awarded the Korea Defense Service Medal (KDSM).

2.  The applicant states that his name is T____ G_____ Jr. and not T_____
P. G______.  He states his DD Form 214 does not reflect he completed the
high school GED test in August 1966.  He also states that a medal was
recently awarded to Korean veterans and he was not notified nor did he
receive the medal.

3.  The applicant provides his DD Form 214 (Copy 1); a letter from the
Department of Defense, United States Armed Forces Institute in Madison,
Wisconsin; a Request for Test Reporting (EAID Form 5); and his GED
certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 15 December 1967.  The application submitted in this case is dated 4
April 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 limitations 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 underwent a physical examination on 29 December 1965 for
the purpose of induction into the Army.  His Standard Form 88 (Report of
Medical Examination) shows his name as T_____ P___ G______ with no suffix.


4.  He was inducted into the Army on 29 December 1965.  His DD Form 47
(Record of Induction) shows his name as T_____ P____ G______ with no
suffix.
At the time of his induction, he signed an Acknowledgment of Service
Obligation indicating his name as T_____ P____ G______ with no suffix.  His
Record of Induction also shows he completed 9 years of school.

5.  The applicant provided a copy of his high school GED certificate which
shows he completed GED testing at the high school level in August 1966.

6.  The applicant completed the required training and was awarded military
occupational specialty 13A (Field Artillery, Basic).  He was assigned to
Korea on 21 May 1966 and departed on 15 June 1967.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his
name as T_____ P. G______ with no suffix.

8.  Headquarters, Personnel Center, United States Army Garrison Troop
Command, Fort Bragg, North Carolina Special Orders Number 70 dated
14 December 1967 released the applicant from active duty on 15 December
1967.  His first, middle and last name is shown as T_____ P. G______ on the
standard name line.

9.  Item 30 (Remarks) on the applicant's DD Form 214 shows he completed one
year of high school.

10.  Item 25 on the applicant's DD Form 214 does not show he completed high
school GED.

11.  The applicant's DD Form 214 (Copy 2) shows he signed his name as
T_____ P. G______ in item 32 (Signature of Person Being Transferred or
Discharged).

12.  The applicant's DD Form 214 (Copy 2) shows his name as T_____ P___
G______ with no suffix in item 1 (Last Name – First Name – Middle Name).

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  The version of
this regulation in effect at the time, stated that service schools,
including major courses which were successfully completed, and military
sponsored courses completed in civilian schools and colleges during the
period covered by the DD Form 214 will be entered in item 25.  For enlisted
personnel, the highest civilian education level attained will be entered as
the first entry in item 30 (Remarks) when not adequately covered in item
25.



14.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the KDSM.  This message
specified criteria for the award of the KDSM as follows:  a) service
members of the armed forces must have served in support of the defense of
the Republic of Korea from 28 July 1954 through a future date to be
determined by the Secretary of Defense;  b) the area of eligibility
encompasses all land area of the Republic of Korea, and the contiguous
water out to 12 nautical miles, and all air spaces above the land and water
areas;  c) service members must have been mobilized with units or assigned
or attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for
30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's certificate shows he successfully completed GED testing
at the high school level in August 1966.  Therefore, it would be
appropriate to amend item 25 on his DD Form 214 to show the entry "HS GED."

2.  Based on the correction in paragraph 1, above, the entry "HS (1 yrs)
GEN" should be deleted from item 30 on the applicant's DD Form 214.

3.  Although the applicant appears to be currently using the name T____
G_____ Jr., he appropriately served on and was released from active duty
under the name T_____ P. G______.  While the Board understands the
applicant's desire to have the records changed, it finds no basis for
compromising the integrity of the Army's records.  This Board action will
be filed in his military records so an additional record of the name he is
currently using, will be on hand.

4.  The applicant served a period of qualifying service in Korea for award
of the KDSM.  Therefore, this award should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 December 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 December 1970.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

SP______  MM______  AR______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  by adding the entry "HS GED" to item 25 on his DD Form 214;

      b.  by deleting the entry "HS (1 yrs) GEN" from item 30 on his DD Form
214; and

      c.  by adding award of the KDSM to item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) on his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding the suffix "Jr." to his name.




                            Shirley Powell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006058                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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