IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080008005
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 correction of item 10 (date of birth) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 11 January 1928. He also requests, in effect, correction of item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show three bronze service stars on his Korean Service Medal, the National Defense Service Medal, and any awards to which he is entitled.
2. The applicant states, in effect, that these items should be corrected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and his birth certificate, in support of his application.
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. The applicants military records are not available to the Board. This case is being considered using the documents provided by the applicant.
3. His DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 22 September 1950. He served in Korea and completed 1 year, 2 months, and 9 days of foreign service. The dates he served in Korea are not available.
4. The applicant was honorably released from active duty on 17 September 1952.
5. Item 10 on his DD Form 214 shows his DOB as 22 September 1950.
6. His DD Form 214 shows he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal.
7. The applicant provided a copy of his Certification of Birth which shows his DOB as 11 January 1928. The certificate shows that his record of birth was filed on 13 January 1928 in Rochester, New York.
8. Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
9. Army Regulation 600-8-22, 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.
10. Army Regulation 600-8-22 also states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1953. The service prescribed must have been performed as follows:
(1) while on permanent assignment;
(2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or
(3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The applicants birth certificate shows his DOB as 11 January 1928. However, his DD Form 214 incorrectly reflects his DOB as 22 September 1950, the date he entered active service. Therefore, his DD Form 214 should be amended to show his DOB as 11 January 1928.
2. The applicants DD Form 214 currently reflects the Korean Service Medal with two bronze service stars. However, the specific dates he served in Korea during the campaigns listed in Appendix B of Army Regulation 600-8-22 cannot be determined. Therefore, there is insufficient evidence on which to base award of three bronze service stars for wear on his Korean Service Medal.
3. The applicant completed a period of honorable service from 22 September 1950 through 17 September 1952 and served in Korea during this period. Therefore, he met the eligibility criteria for award of the National Defense Service Medal and the ROKWSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____XX____ ___XX_____ ___XX_____ 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. amending item 10 on his DD Form 214 to show his DOB as 11 January 1928; and
b. adding the National Defense Service Medal and the ROKWSM to item 24 on his 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 award of three bronze service stars for wear on his already-awarded Korean Service Medal.
_______XXXX________________
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.
ABCMR Record of Proceedings (cont) AR20080008005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080008005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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