IN THE CASE OF:
BOARD DATE: 13 August 2008
DOCKET NUMBER: AR20080006889
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests:
a. Item 8 (Place of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his place of birth (POB) was "Lovington, New Mexico;"
b. Item 23a (Specialty Number and Title) of his DD Form 214 be corrected to show his primary military occupational specialty (MOS) as "05G30 (Communications Security Analyst);" and
c. award of any medals he is entitled to for his service in Korea.
2. The applicant states that the above administrative errors were made on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and copies of several transfer and assignment orders.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 January 1966, the applicant enlisted in the Regular Army for a period of 4 years. He attained the grade of specialist six/E-6. On 17 December 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). On 13 January 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation.
3. The applicant's enlistment contract shows he was born in Lovington, New Mexico. His DD Form 214 contains a typographical error showing that he was born in "Lorington, New Mexico."
4. Special Orders Number 144, Headquarters, U.S. Army Security Agency Training Center and School, Fort Devens, Massachusetts, dated 14 July 1966, awarded the applicant the primary MOS of "05G30." The applicant's promotion orders to specialist six/E-6 shows he was promoted in primary MOS of "05G30." His DA Form 20 (Enlisted Qualification Record) shows his primary MOS as "05G30." There is no evidence in his official record to show he was awarded or performed duties in any other primary MOS.
5. The applicant served in Korea from 10 November 1966 through 6 December 1967.
6. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) 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 ROK. 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.
7. 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 preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment contract shows he was born in Lovington, New Mexico. Therefore, sufficient evidence exists to show that a typographical error was made on his DD Form 214 and he is entitled to have this error corrected as directed below.
2. Special Orders awarded the applicant primary MOS "05G30" and there is no evidence in his official record to show that he was awarded or performed duties in another primary MOS. Therefore, he is entitled to have this correction made to his DD Form 214.
3. The applicant had a qualifying period of service in Korea. Therefore, he is entitled to award of the KDSM and correction of his DD Form 214 to show this award.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. correcting Item 8 of the applicant's DD Form 214 to show "Lovington, New Mexico;"
b. correcting Item 23a of the applicant's DD Form 214 to show "05G30 (Communications Security Analyst);" and
c. awarding the applicant the KDSM and showing this award on his record.
XXX
_______ _ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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