RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 May 2008
	DOCKET NUMBER:  AR20080000715 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as Jose instead of Juan, and award of the combat patch.

2.  The applicant states, in effect, that his DD Form 214 does not show his correct first name or his entitlement to the combat patch. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Forms 214, dated 28 October 1956 and 29 November 1957.

	b.  Commonwealth of Puerto Rico, Certificate of Birth, dated (issued) 17 September 2007.

	c.  National Personnel Records Center (NPRC), letter, dated 10 December 2007.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Puerto Rico Army National Guard (PRARNG) for a period of 3 years on 16 December 1951.  The National Guard Bureau (NGB) Form 21 (Enlistment Record) shows his first name as Jose.  He authenticated this form by placing his signature in Item 31
(Signature of Applicant) using the first name Jose. 


3.  The applicant's records further show that he was separated from the PRARNG by reason of expiration of term of service on 15 December 1954.  The NGB Form 24 (Service and Qualification Record), dated 23 December 1954, shows his first name as Jose.  There was no requirement for the applicant to authenticate this form.

4.  The applicant's records also show that he was inducted into the Army of the United States and entered active duty on 13 January 1955.  The DD Form 47 (Record of Induction) is not available for review with this case.  He was honorably discharged for the purpose of enlistment in the Regular Army on 28 October 1956.

5.  The DD Form 214 he was issued on 28 October 1956 shows his first name as Juan.  This form also shows he completed 1 year, 9 months, and 15 days of creditable military service during this period of active duty; 1 year, 2 months, and 15 days of which was foreign service.  He authenticated this form by placing his signature in Item 34 (Signature of Person Being Transferred or Discharged) using the first name Jose.

6.  The applicant's records further show that he enlisted in the Regular Army for a period of 3 years on 29 October 1956.  The DD Form 4 (Enlistment Record-Armed Forces of the United States) is not available for review.  He was trained in military occupational specialty (MOS) 111.10 (Light Weapons Infantryman) and was honorably separated on 29 November 1957.

7.  The DD Form 214 he was issued shows he completed 1 year, 1 month, and 1 day of creditable military service during this period of enlistment; 9 months and 28 days of which was foreign service.  He authenticated this form by placing his signature in Item 34 using the first name Jose.

8.  The applicant's records further show that he enlisted in the PRARNG for a period of 6 years on 16 March 1988, using his first name Jose.  He authenticated the DD Form 4 by placing his signature in Item 18a (Signature of Enlistee/Reenlistee) using his first name Jose.

9.  The applicant's DA Form 2-1 (Personnel Qualification Record) created on 4 October 1991 and reviewed by the applicant on 18 February 1992 shows his first name Jose.  He authenticated this form by placing his signature in Item 34 (Signature) using the first name Jose.


10.  The applicant provided a copy of his birth certificate, issued on 17 September 2007 that shows his first name as Jose.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  It further states that authorization applies to members of the Army who were assigned overseas with U.S. Army units during Korea between 27 June 1950 and 27 July 1954, both dates inclusive.  From 1 April 1968 to 31 August 1973, it is authorized for wear for those personnel who were awarded the Purple Heart, Combat Infantryman Badge, Combat Medical Badge, or who qualified for at least one month's hostile fire pay for service in a hostile fire area in Korea.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214, dated 28 October 1956 be corrected to show his first name as Jose instead of Juan, and award of the combat patch.

2.  The evidence of record shows that the applicant's first name is Jose.  He initially enlisted in and was separated from the PRARNG under the first name Jose; his (second) DD Form 214, dated 29 November 1957, shows his first name Jose; his birth certificate shows his first name as Jose; and he used the first name Jose throughout his entire military service.  It is unclear why his (first) DD Form 214, dated 28 October 1956, shows his first name as Juan.

3.  In view of the evidence provided, the applicant is entitled to correction of his DD Form 214, dated 28 October 1956, to show his first name as Jose instead of Juan.

4.  With respect to award of the combat patch, the applicant’s shoulder sleeve insignia – former wartime service is an item of clothing wear and not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in military records.  However, Army Regulation 670-1 states that authorization to wear the shoulder sleeve insignia for former wartime service applies to members of the Army who were assigned overseas with U.S. Army units during Korea between 27 June 1950 and 27 July 1954, both dates inclusive.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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.  deleting the entry "Juan" from Item 1 (Last name, First Name, Middle Name) of the applicant's DD Form 214, dated 28 October 1956; and

	b.  adding the entry "Jose" to Item 1 of this 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 Shoulder Sleeve Insignia-Former Wartime Service or Combat Patch to the list of awards on his 
DD Form 214.



								XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000715



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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