IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20090003109 


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, award of all awards to which he may be entitled be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He also requests, in effect, correction to the spelling of his last name in his records.

2.  The applicant states, in effect, that his DD Form 214 does not show all of his awards.  He also states, in effect, that his last name is misspelled and it should not have an "e" at the end.

3.  In support of his application, the applicant submits copy of a letter from the Review Boards Agency Support Division, St. Louis, Missouri; and a self-authored response letter granting authorization to his wife for submitting the request on his behalf.  He further states he was submitting a copy of his DD Form 214; however, his DD Form 214 was not enclosed with 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 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 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's available DD Form 214 shows that he enlisted in the Regular Army (RA) on 20 February 1951.  He was honorably released from active duty, in the rank of corporal, on 19 November 1952 and transferred to the Enlisted Reserve Corps (ERC) to complete his remaining Reserve obligation.  He was credited with 1 year and 9 months of net active service, which included 1 year,
3 month, and 14 days of foreign service.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the Army of Occupation Medal with Japan Clasp, Korean Service Medal with one bronze service star, and the United Nations Service Medal.

5.  The applicant's DD Form 214 and all other available documents show he served and was released from active duty under the last name spelled without an "e" at the end.  On his DD Form 214, which was prepared on his release from active duty, the applicant placed his signature in Item 48 (Signature of Person Being Separated), spelling his last name without an "e" on the end, to indicate that the information recorded on the form was correct and complete to the best of his knowledge.

6.  Review of the applicant's available records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  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 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 to a date to be determined.

8.  Army Regulation 600-8-22 (Military Awards) 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 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  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 

   c.  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 applicant contends, in effect, that his DD Form 214 does not show all of his awards.  He also contends that his last name is misspelled on his DD Form 214, in that there should not be an "e" on the end.

2.  The available evidence shows that the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The available evidence also shows the applicant met the criteria for award of the ROKWSM.  Therefore, the ROKWSM should also be added to his DD Form 214.

4.  It appears that what the applicant sees as an "e" at the end of his last name on his DD form 214 is more than probable the "comma" separating his last name from his first name.  Due to the lack of clarity of the available copy of the applicant's DD Form 214 it is understandable how the applicant can misconstrue his last name as containing an "e" at the end.  However, there appears to be no basis for granting the applicant's requested relief on this issue.








BOARD VOTE:

____ ____  ____ ____  ________  GRANT FULL RELIEF 

____X____  _____X___  ____X____  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.  adding to Item 27 of the applicant's DD Form 214 the National Defense Service Medal and the Republic of Korea War Service Medal; and

   b.  providing him a corrected separation document that includes these awards.

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 changing the spelling of his last name on his records.



      __________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)                                         AR20090003109



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ABCMR Record of Proceedings (cont)                                         AR20090003109



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