RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 August 2007
	DOCKET NUMBER:  AR20070005302 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Ernestine I. Fields

Member

Mr. Randolph J. Fleming

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 the records of her deceased spouse, hereafter called the former service member (FSM), to show:

a.  his Social Security Number (SSN) as ***-**-3175 vice ***-**-5370;

b.  the date he entered active duty as 10 March 1965; and

c.  award of the Korea Defense Service Medal.

2.  The applicant states that the FSM enlisted in the Army on 10 March 1965 and served 18 months in Okinawa.  She further states that he reenlisted in the Army on 18 April 1967 and served in Korea for 3 months before he was injured and medically evacuated on 1 December 1967. 

3.  The applicant provides a copy of the FSM’s Death Certificate, a copy of his DD Form 4 (Enlistment Record in the Armed Forces of the United States), a copy of Standard Form (SF) 502 (Clinical Record), and a copy of pages 2 and 3 of the FSM’s DA Form 20 (Enlisted Qualification Record) in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military service records contain a DD Form 4 dated 10 April 1965 showing the FSM's Service Number, not his SSN.  The DD Form 4 further shows that the FSM enlisted in the Regular Army on 10 March 1965 for a period of 3 years.  

2.  The FSM's military service records further show that he was awarded military occupational specialty (MOS) 16B (Hercules Missile Crewman) and served in Okinawa during the period 7 August 1965 through 5 February 1967.  

3.  On 17 April 1967, the FSM was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) discharging him from the Army for the purpose of immediate reenlistment.  The DD Form 214 showed the FSM's SSN as ***-**-3175 and his date of entry as 10 March 1965.  The FSM placed his signature on the form certifying the information was true and correct.

4.  On 31 January 1967, the FSM placed his signature on the DA Form 2962 (Security Termination Statement and Debriefing Certificate) certifying the information was true and correct.  The DA Form 2962 shows the FSM's SSN as ***-**-3175. 
5.  On 18 April 1967, the FSM reenlisted in the Regular Army for a period of 4 years.  This DD Form 4 also shows the FSM's Service Number; not his SSN.

6.  The FSM was transferred to Korea on/about 16 July 1967.  In August 1967, the FSM sustained an injury of the left knee and was treated at the 121st Evacuation Hospital in Korea.  He was medically evacuated from Korea on 16 November 1967 and arrived at Letterman General Hospital in San Francisco, California on 1 December 1967.

7.  The FSM's left knee remained problematic and he was referred to the Army's physical disability evaluation system.  He was given a Physical Evaluation Board (PEB).  On 26 February 1968, the FSM concurred with the findings of the PEB that recommended he be placed on the Temporary Disability Retirement List (TDRL).  The FSM placed his signature on the DA Form 1361 (Recommended Findings of Physical Evaluation Board) certifying the information was true and correct.  The DA Form 1361 shows the FSM's SSN as ***-**-5731, which is different from the one mentioned above (***-**-3175).

8.  Headquarters, Department of the Army, Office of the Adjutant General Special Orders Number 71, dated 10 April 1968, announced the FSM's release from the Army and placement on the TDRL effective 9 April 1968 in the grade of specialist/pay grade E-4.  The orders listed the FSM's SSN as ***-**-3175.

9.  On 9 April 1968, the FSM was issued another DD Form 214 discharging him from the Army by reason of temporary disability retirement.  The DD Form 214 showed the FSM's SSN as ***-**-5370 (not ***-**-3175 or ***-**-5731) and his date on entry as 18 April 1967.  The FSM placed his signature on the form certifying the information was true and correct.

10.  On 20 January 1971, the FSM was directed in a Letter Orders to report for a TDRL Physical Examination.  The Letter Orders listed the FSM's SSN as
***-**-3175.

11.  On 11 May 1971, the FSM was determined to be permanently unfit with a disability rating of 20 percent and was removed from the TDRL and discharged from the service with disability severance pay, effective 31 May 1971.

12.  Item 31 (Foreign Service) shows that he served in Korea from 16 July 1967 through 16 November 1967, for a total of 4 months. 

13.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, all air spaces above the land, and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM's Social Security Number and his date of entry on active duty should be corrected because they are in error.  She further contends that he is entitled to award of the Korea Defense Service Medal.

2.  The evidence of record shows that upon entrance into the U.S. Armed Forces, throughout his initial enlistment and upon his separation from the Army, the FSM consistently indicated and certified that his SSN was ***-**-3175.  The evidence of record also shows that the FSM authenticated the DD Form 214 issued to him on 17 April 1967 with his signature in Item 32.  This indicates that he verified the information contained on the separation document, to include the SSN, was correct at the time it was issued.  

3.  The evidence of record shows the FSM authenticated the second DD Form 214 issued to him on 9 April 1968 with his signature in Item 32.  This indicates that he verified the information contained on the separation document, to include that the SSN of ***-**-5370 was correct.

4.  The FSM's first DD Form 214 and the order placing him on the TDRL cite his correct SSN of ***-**-3175.  For reasons unknown, the FSM's final DD Form 214 shows his SSN incorrectly as ***-**-5370.  Even though the FSM signed the second DD Form 214 verifying the information thereon as being correct, it would be appropriate to issue a correction to Item 3 (SSN) of that DD Form 214 correcting the administrative error in his SSN.

5.  The evidence of record shows the applicant initially enlisted on 10 March 1965.  Item 16c (Date of Entry) of the DD Form 214 issued on 17 April 1967 correctly reflects this entry.  The evidence of record further shows the FSM reenlisted on 18 April 1967.  Item 16c of the DD Form 214 issued on 9 April 1968 correctly reflects this entry.  Therefore, there is insufficient evidence to correct the FSM's records as it pertains to his dates of enlistment/reenlistment.
6.  The FSM's records show that he served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.  

BOARD VOTE:

__lds___  __eif___  __rjf____  GRANT FULL RELIEF 

________  ________  ________  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing award of the Korea Defense Service Medal; and

	b.  issuing a DD Form 215 (Correction to DD Form 214) issued on 9 April 1968 to show the SSN as ***-**-3175.

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 correction of the date the individual entered on active duty.



						Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070005302
SUFFIX

RECON

DATE BOARDED
20070807
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
100.0900
2.

3.

4.

5.

6.