IN THE CASE OF:	  

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080011862 


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, reconsideration of his earlier petition requesting that item 1 (Last Name, First Name, Middle Name), item 5 (Specialty Number), and item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected.

2.  The applicant states, in effect, that item 1 of his DD Form 214 should be corrected to reflect the correct spelling of his middle name; that item 5 should be corrected to reflect the correct military occupational specialty (MOS); and item 29 should be corrected to reflect a more accurate representation of the wounds he received in action on 27 September 1950.

3.  The applicant provides the following documents in support of his reconsideration request:  Record of Birth; NME Form Number 4 (Enlistment Record – United States); Standard Forms 88 (Report of Medical Examination), dated 2 June 1949 and 19 August 1952; WD AGO Form 8-34 (Abbreviated Clinical Record); Standard Form 516 (Operation Report); Standard Form 513 (Consultation Sheet); Office of the Surgeon General Hospital Admission Card; WD AGO Forms 8-24 (Medical Treatment Card); promotion orders; and Department of Veterans Affairs Radiology Report, dated 22 November 2006.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000680 on 10 July 2008.

2.  As indicated during the first review, all of the applicant’s entire military records are not available to the Board for review.  However, there were sufficient documents in the National Personnel Records Center file and provided by the applicant to conduct a fair and impartial review of the case.  This reconsideration request is being reviewed using the documents reviewed by the Board during its initial review and the new documentary evidence submitted by the applicant.

3.  During its original review of the case, the Board determined there was insufficient evidence to support correction of the spelling of the applicant's middle name on his DD Form 214.  The Board also determined that when the applicant received the CIB in Korea, he was serving in MOS 4745 as an infantryman and it recommended this MOS be entered in item 5 of his DD Form 214.  It further concluded that there was insufficient medical evidence confirming that the applicant had sustained wounds to his right wrist, right upper arm, neck, and head, and as a result it denied the portion of the applicant's request related to correcting item 29 of the DD Form 214.

4.  The applicant now provides, as new evidence, his record of birth, which shows his middle name spelled with the seventh and eight letters of "I" and "E."  He also provides his enlistment record, dated 2 June 1949, in which he signed his middle name in two separate blocks using the letters "I" and "E" as the seventh and eight letters, and a Standard Form 88, dated 19 August 1952, which was prepared during his separation processing which lists his middle name with "I" and "E" as the seventh and eight letters in item 1, which he now claims is correct.

5.  The applicant also provides promotion orders showing he was promoted to sergeant (SGT) in MOS 1745 (Infantry Squad Leader) on 15 August 1950.  In addition, he provides medical treatment records that confirm he sustained gunshot wounds to his right neck and right arm, and grenade shrapnel wounds to his upper right arm and upper right side of neck and head with residual shrapnel in other parts of the body on 27 September 1950 in Korea.

6.  Item 1 of the applicant's DD Form 214 lists his middle name using the letter "Y" as the seventh and last character.  Item 3 (Grade, Rank, and Date of Appointment) shows the applicant held the rank of sergeant first class (SFC), which he had attained on 6 July 1951, on the date of his separation.  Item 5, which originally contained MOS 2356, now contains MOS 4745 (Infantryman) based on the original Board recommendation.  Item 29 contains the entry "grenade shrapnel right hand and neck Korea 27 Sep 50."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his middle name spelled using the letters "I" and "E" as the seventh and eight characters was carefully considered and found to have merit.  The applicant's birth certificate confirms this is the correct spelling of his middle name, and his signature on his enlistment record also uses this spelling.  Further, his separation physical examination report also spells his middle name using the spelling he now claims is correct.  Although the Army has an interest in maintaining the accuracy of military records, given the applicant used the correct spelling of his middle name in signatures on his initial enlistment record and it is correctly spelled on other record documents, it appears the spelling used was the result of an administrative error at enlistment and, absent any basis to presume it would significantly compromise the accuracy of the military record, it would be appropriate to correct the spelling of his middle name on his DD Form 214 accordingly.

2.  The applicant's contention that he held MOS 1745 (Infantry Squad Leader) at the time of his separation was also carefully considered and found to have merit based on the new evidence provided by the applicant.  The new evidence submitted includes a promotion order extract that confirms he was promoted to SGT in MOS 1745 on 15 August 1950.  Given he held the rank of SFC on the date of his separation, it is reasonable to presume that he held the squad leader infantry MOS as opposed to the basic infantry MOS of 4745, which is now listed on his DD Form 214, as a result of the original Board recommendation and subsequent correction (DD Form 215).  Therefore, it would also be appropriate to correct item 5 of his DD Form 214 accordingly.

3.  The applicant's contention that item 29 of his DD Form 214 should be corrected to more accurately reflect the wounds he received on 27 September 1950 while serving in Korea was also carefully considered and found to have merit.  Although the Board was correct in indicating there was insufficient evidence to correct item 29 of his DD Form 214 during its original review, based on the medical treatment records now provided by the applicant, there is sufficient evidence to support a correction of item 29 to show he received a gunshot wound to his upper right arm; grenade shrapnel wounds to his right wrist, upper right arm, upper right side of his neck, and his head; and residual shrapnel wounds to other parts of his body.  Therefore, it would be appropriate to correct item 29 of his DD Form 214 accordingly.


BOARD VOTE:

____x___  ___x____  ___x____  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 amendment of the ABCMR’s decision in Docket Number AR20080000680, dated 10 July 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  item 1 - delete the seventh letter ("Y") of the middle name now entered and add the letters "I" and "E" as the seventh and eight letters of the middle name; 

	b.  item 5 - delete the current entry and add the entry "1745 (Infantry Squad Leader); and

	c.  item 29 - delete the current entry and replace it with the entry "Wounded in Action, Korea, 27 September 1950 - gunshot wound to right arm and neck -grenade shrapnel wound to right wrist, upper right arm, upper right side of neck and head - and residual shrapnel wounds to other parts of the body."



												_________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)                                         AR20080011862



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ABCMR Record of Proceedings (cont)                                         AR20080011862



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