IN THE CASE OF:	  

		BOARD DATE:	 23 September 2008 

		DOCKET NUMBER:  AR20080008502 


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, in effect, that his DD Form 214 be corrected to reflect his correct date of birth (DOB), his correct county and his correct address at the time and that any awards to which he is entitled be added to that document.

2.  The applicant states that his correct DOB is 1 March 1930 and not 2 May 1930, as reflected on his DD Form 214 in block 10.  He also states that in block 14, it indicates that his county was spelled as “Burley” and should be spelled “Burleigh”.  In block 20, it indicates that his address was “411 Ball Street, Burley Bismarck, North Dakota” and should be spelled as “411 Bell Street, Burleigh, North Dakota”.  He goes on to state that he desires his record to show the proper information for future needs.

3.  The applicant provides a copy of his DD Form 214 and a copy of his Certificate of Birth.

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was in the North Dakota Army National Guard (NDARNG) for 3 years, 3 months and 28 days when he was ordered to active duty in Bismarck, North Dakota on 16 January 1951 in the rank of corporal.

4.  He served in Korea with the 27th Infantry Regiment and was promoted to the rank of Sergeant First Class on 2 May 1952.

5.  He served 1 year, 2 months and 20 days of foreign service and on 5 December 1952, he was honorably released from active duty (REFRAD) and was transferred back to the NDARNG.  He had served 1 year, 10 months, and 20 days of active service.  His DD Form 214 issued at the time of his REFRAD reflects the applicant’s DOB as being 2 May 1930.  It also reflects his address as 411 Ball Street, Burley Bismarck, North Dakota.  He was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal and the Combat Infantryman Badge.

6.  The Certificate of Birth provided by the applicant indicates that his DOB is 
1 March 1930.

7.  A search of Wikipedia reflects that Bismarck, North Dakota is located in Burleigh County.  A further search indicates that there is no address of 411 Ball Street; however, there is an address of 411 Bell Street in Bismarck.

8.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal (NDSM) 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.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation (ROK-PUC) during the period he served with the unit.           

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted sufficient evidence to show that his DOB is 1 March 1930 instead of 2 May 1930, as reflected in block 10 of his DD Form 214.  Accordingly, it would be in the interest of justice to correct block 10 of that form to reflect his DOB as 1 March 1930.  

2.  There is also sufficient evidence to show that Bismarck is located in Burleigh County and the applicant’s address was 411 Bell Street.  Accordingly, block 14 should be corrected to reflect “Bismarck Burleigh North Dakota” and block 20 should be corrected to reflect “411 Bell St. Burleigh Bismarck North Dakota.”    

3.  Additionally, the evidence of record shows that the applicant is entitled to be awarded the NDSM, the ROK-KWSM and the ROK-PUC and to have them added to his records.   

BOARD VOTE:

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

	a. showing in block 10 of his DD Form 214 that his DOB is 1 March 1930.

	b.  showing in block 14 of his DD Form 214 the entry “Bismarck Burleigh North Dakota”

	c.  showing in block 20 of his DD Form 214 the entry “411 Bell St. Burleigh Bismarck North Dakota”; and

   d.  awarding him the NDSM, the ROK-KWSM and the ROK-PUC and adding those awards to his records as well.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ x  _______   ___
               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)                                         AR20080008502



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ABCMR Record of Proceedings (cont)                                         AR20080008502



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