RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050017789


      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. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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 item 10 (Date of Birth) on his initial WD
AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to
show
12 June 1929 instead of 12 June 1926.  He requests that item 19 (Date and
Place of Entry into Active Service) on his DD Form 214 (Report of
Separation from the Armed Forces of the United States) for the period
ending 19 May 1950 be corrected to show he was drafted on 28 February 1945.
 He also requests, in effect, that his DD Form 214 (Report of Transfer or
Discharge) for the period ending 30 April 1967 be corrected to show that he
entered the Army on
28 February 1945 and reflect all awards and decorations which he earned.

2.  The applicant states he was born on 12 June 1929 and he entered the
Army on 28 February 1945.  He contends he served in Japan in 1945 and he
enlisted in the Regular Army in 1946.  He also states his retirement DD
Form 214 only shows the time frame from 1947 until he retired.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
30 April 1967.  The application submitted in this case is dated 16 December
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’s induction record shows he was inducted on 6 April 1945
and his date of birth was 12 June 1926.  He served as a gunner in Japan and
was honorably discharged on 5 March 1946 to enlist in the Regular Army.

4.  Item 7 (Date of Separation) on the applicant’s initial WD AGO Form 53-
55 is blank.  Item 10 on this WD AGO Form 53-55 shows the applicant’s date
of birth is 12 June 1926.  Item 22 (Date of Induction) on this WD AGO Form
53-55 shows he was inducted on 6 April 1945.  This WD AGO Form 53-55 shows
the Good Conduct Medal and the World War II Victory Medal as authorized
awards.
5.  The applicant enlisted on 6 March 1946 for a period of 3 years.  On 26
June 1946, the applicant was honorably discharged due to minority
(underage).

6.  The applicant’s birth certificate shows he was born on 12 June 1929.

7.  The applicant’s WD AGO Form 53-55 for the period ending 26 June 1946
shows the World War II Victory Medal as an authorized award.

8.  The applicant reenlisted on 19 May 1947 for a period of 3 years.  He
served in Japan and Korea and was honorably discharged on 19 May 1950.

9.  The applicant’s DD Form 214 for the period ending 19 May 1950 shows the
Army of Occupation Medal with Japan Clasp as an authorized award.

10.  The applicant reenlisted on 11 September 1950 for a period of 3 years.
 He served in Korea from 4 April 1951 through 5 September 1952 and was
honorably discharged on 10 September 1954 for immediate reenlistment.  He
reenlisted on 11 September 1954 for a period of 6 years and was honorably
discharged on
8 October 1959 for immediate reenlistment.

11.  The applicant’s DD Form 214 for the period ending 8 October 1959 shows
the Good Conduct Medal and the Marksman Marksmanship Qualification Badge
with Carbine Bar as authorized awards.

12.  Records show the applicant participated in five campaigns during his
assignment in Korea.

13.  The applicant reenlisted on 9 October 1959 for a period of 6 years.
On
8 October 1965, he was honorably discharged.

14.  The applicant’s DD Form 214 for the period ending 8 October 1965 shows
the Good Conduct Medal (3rd Award), the Marksman Marksmanship Qualification
Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar as authorized awards.

15.  The applicant reenlisted on 9 October 1965 for a period of 3 years.
On
30 April 1967, the applicant retired in the rank of staff sergeant after
completing a total of 20 years, 10 months, and 12 days of creditable active
service.

16.  The applicant’s DD Form 214 for the period ending 30 April 1967 shows
the National Defense Service Medal with First Oak Leaf Cluster and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized
awards.
17.   A DD Form 215 (Correction to DD Form 214), dated 3 September 1968,
amended the applicant’s DD Form 214 for the period ending 8 October 1959 to
show the Army of Occupation Medal with Germany Clasp, the National Defense
Service Medal, the Korean Service Medal, the United Nations Service Medal,
and the Army Commendation Medal as authorized awards.

18.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It
states, in pertinent part, that a DD Form 214 will not be prepared to cover
a period of service for which a previous DD Form 214 has been issued.

19.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  This regulation provides that a silver service star is authorized
in lieu of five bronze service stars.

20.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for
30 consecutive days, or on temporary duty for 60 non-consecutive days,
within the territorial limits of Korea, in the waters immediately adjacent
thereto or in aerial flight over Korea participating in actual combat
operations or in support of combat operations.

21.  Army Regulation 635-5, in effect at the time of the applicant's
retirement, provided that all decorations, medals, badges, citations and
campaign ribbons awarded or authorized would be entered in item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Item 7 on the applicant’s initial WD AGO Form 53-55 is blank.  Evidence
of record shows he was honorably discharged on 5 March 1946.  Therefore, it
would be appropriate to correct item 7 on this WD AGO Form 53-55 to show
this separation date.

2.  The applicant’s birth certificate shows he was born on 12 June 1929.
Therefore, it would be appropriate to correct item 10 on his initial WD AGO
Form 53-55 to show this date of birth.
3.  Although the applicant contends that item 19 on his DD Form 214 for the
period ending 19 May 1950 is incorrect and should be corrected to show he
was drafted on 28 February 1945, his induction record shows he was inducted
on
6 April 1945 and his initial WD AGO Form 53-55 properly reflects this
induction date.  Therefore, there is no basis for granting the applicant’s
request to amend item 19 on this DD Form 214.

4.  The applicant’s request for a new DD Form 214 covering his military
service from 1945 to 1967 was noted.  However, the governing regulation
states that a DD Form 214 will not be prepared to cover a period of service
for which a previous DD Form 214 has been issued.  Since the applicant
received six discharge documents and one DD Form 215 covering his service
from 1945 to 1967, there is no basis for granting this request.  A copy of
all the applicant’s discharge documents and the DD Form 215 will be
provided to him.

5.  The applicant participated in five campaigns during his assignment in
Korea which entitles him to the Korean Service Medal with one silver
service star.

6.  The applicant served a period of qualifying service for award of the
ROK-KWSM.

7.  Evidence of record shows the applicant is entitled to three awards of
the Good Conduct Medal, the World War II Victory Medal, the Army of
Occupation Medal with Japan and Germany Clasps, the Korean Service Medal
with one silver service star, the United Nations Service Medal, the Army
Commendation Medal, the Marksman Marksmanship Qualification Badge with
Carbine Bar, and the ROK-KWSM.  Therefore, his DD Form 214 for the period
ending 30 April 1967 should be corrected to show these awards.

8.  Records show the applicant should have discovered the alleged error now
under consideration on 30 April 1967; therefore, the time for the applicant
to file a request for correction of any error expired on 29 April 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

WP_____  __MT____  _WC___  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 by:

      a.  adding the entry, “5 March 1946” in item 7 on his initial WD AGO
Form 53-55;

      b.  deleting the entry, “12 June 1926” in item 10 on his initial WD
AGO Form 53-55;

      c.  adding the entry, “12 June 1929” in item 10 on his initial WD AGO
Form 53-55; and

      d.  amending item 24 on his DD Form 214 for the period ending 30
April 1967 to show that he was awarded three awards of the Good Conduct
Medal, the World War II Victory Medal, the Army of Occupation Medal with
Japan and Germany Clasps, the Korean Service Medal with one silver service
star, the United Nations Service Medal, the Army Commendation Medal, the
Marksman Marksmanship Qualification Badge with Carbine Bar, and the ROK-
KWSM.

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
amendment of item 19 on his DD Form 214 for the period ending 19 May 1950
or his request for a new DD Form 214 covering his military service from
1945 to 1967.



                            ___William Powers_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050017789                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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