RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20060000065


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, in effect, correction of his military service
records to show his correct name and date of birth.

2.  The applicant states, in effect, that the middle name and year of his
birth that are recorded in his military service records are incorrect.  The
applicant adds, in effect, that he did not realize he could request
correction of these errors until he recently spoke with a county director.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States), with an effective date of 11
November 1954, and United States of America, Department of Commerce, Bureau
of the Census, Notification of Birth Registration, File Number 101###,
registered at Harrisburg, Pennsylvania.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 November 1954, the date of his separation from active duty.
The application submitted in this case is dated 15 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 available military service record in this case is the applicant's
DD Form 214, with an effective date of 11 November 1954.  This document
shows, in pertinent part, that the applicant was inducted and entered the
Army on
12 November 1952, was awarded military occupational specialty 1666 (Medical
Aidman), and served overseas in Korea for 1 year and 24 days.  This
document also shows that he was awarded the Purple Heart, Combat Medical
Badge, National Defense Service Medal, Korean Service Medal with 1 bronze
service star, and United Nations Service Medal.  The applicant was
honorably separated from the Army on 11 November 1954 after serving 2 years
on active duty.

4.  Item 1 (Last Name - First Name - Middle Name) of the applicant's DD
Form 214 contains the entry "R_____  J___  FRED", Item 10 (Date of Birth)
contains the entry "23 JUL 51", and Item 11 (Place of Birth) contains the
entry
"ST MARYS PENNSYLVANIA."

5.  The applicant provides a copy of his DD Form 214 and United States of
America, Department of Commerce, Bureau of the Census, Notification of
Birth Registration, File Number 101###, registered at Harrisburg,
Pennsylvania.  The Notification of Birth Registration, in pertinent part,
shows that J___ Fredrick R_____ was born on 23 July 1931, in Benzinger
Township, Elk County, Pennsylvania.

6.  In the processing of this case, research confirmed that the city of St.
Mary's incorporated in 1994, the result of a consolidation of the former
Borough of
St. Mary's and the Township of Benzinger, both of which were located in
Elk County, Pennsylvania, at the time.  The applicant was then
telephonically contacted, as the issue of the applicant's correct place of
birth was not addressed in his DD Form 149 (Application for Correction of
Military Records Under the Provisions of Title 10, U.S. Code, Section
1552).  During this conversation the applicant confirmed that the place of
birth, as recorded at the time of his discharge, is also incorrect and
should be corrected to read "Benzinger Township, Pennsylvania."

7.  Special Regulations 615-360-1 (Separation of Enlisted Personnel), in
effect at the time of the applicant's separation, establishes the
standardized policy for preparing and distributing discharge documents.
Paragraph 13 (Preparation of Report of Separation from the Armed Forces of
the United States) of this regulation provides, in pertinent part, that all
available records will be used as a basis for the preparation of the DD
Form 214.  The instructions for Item 1 state "[t]here will be two
typewriter spaces between the last name and first name, and between the
first and middle names.  Spell out the full middle name or names, if any.
If the separatee has only a middle initial, the initial will be entered."
The instructions for the entries in Item 10 and Item 11 of the DD Form 214
indicate "Self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his middle name, date of birth,
and place of birth are incorrect on his discharge document because his
birth certificate shows that his middle name is "Fredrick", date of birth
is "23 July 1931", and place of birth was "Benzinger Township,
Pennsylvania."  The Notification of Birth Registration, which the applicant
provides, supports his claim that the middle name, date of birth, and place
of birth currently shown in his military service records are incorrect.

2.  The evidence of record shows that the applicant's middle name is
recorded in his military service records as "Fred."  However, the
applicant's Notification of Birth Registration that is presented as
evidence in this case shows that the applicant's middle name is "Fredrick."
 Based on the available evidence of record, it is reasonable to assume that
an administrative error was made when the applicant's middle name was typed
on his discharge document and it was inadvertently recorded as "Fred"
instead of "Fredrick."  Therefore, in view of the foregoing, the
applicant's records should be corrected to show his middle name is
"Fredrick."

3.  The evidence of record shows that the applicant's date of birth is
recorded in his military service records as "23 July 1951."  However, the
applicant's Notification of Birth Registration that is presented as
evidence in this case shows that the applicant's date of birth is "23 July
1931."  In view of the fact that the applicant entered the Army on 12
November 1952, it is reasonable to assume that an administrative error was
made when the applicant's date of birth was typed on his discharge document
and the year was inadvertently recorded as "1951" instead of "1931."
Therefore, in view of the foregoing, the applicant's records should be
corrected to show his date of birth is "23 July 1931."

4.  As a matter of record, the corrected record confirms that the applicant
was of the age of majority and legally eligible to be inducted into the
U.S. Army on
12 November 1952.

5.  The evidence of record shows that the applicant's place of birth is
recorded in his military service records as "St. Mary's, Pennsylvania."
However, the applicant's Notification of Birth Registration that is
presented as evidence in this case shows that the applicant's place of
birth was "Benzinger Township, Pennsylvania."  Therefore, the applicant's
records should be corrected to show his place of birth as "Benzinger
Township, Pennsylvania."

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 November 1954; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 November 1957.  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:

__RTD___  __DAC__  __RMN _  GRANT FULL 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 showing the following corrections to
the applicant's DD Form 214:

      a.  Item 1.  Last Name - First Name - Middle Name
                 Delete:  "R_____  J___  FRED"
                 Add:     "R_____  J___  FREDRICK"

      b.  Item 10.  Date of Birth
                 Delete:  "23 JUL 51"
                 Add:     "23 JUL 31"

      c.  Item 11.  Place of Birth
                 Delete:  "ST MARYS PENNSYLVANIA"
                 Add:     "BENZINGER TOWNSHIP PENNSYLVANIA"




                            ____Richard T. Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000065                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19541111                                |
|DISCHARGE AUTHORITY     |AR 615-360 & AR 615-363-5               |
|DISCHARGE REASON        |Transferred to Army Reserve             |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0100.0000                           |
|2.                      |100.0200.0000                           |
|3.                      |100.0800.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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