IN THE CASE OF:	

		BOARD DATE:	  27 May 2010           

		DOCKET NUMBER:  AR20090019587 


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 his middle name be corrected in item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Separation from Active Duty) and item 18f (Foreign and/or Sea Service This Period) be corrected to show he served 1 year and 1 month of foreign service.

2.  The applicant states:

* his middle name is Garrett not Garret
* he served 1 year and 1 month in Korea 

3.  The applicant provides:

* DD Form 214
* birth certificate
* reassignment 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 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 DD Form 398 (Statement of Personal History), dated 18 July 1972, shows the middle name Garret.  His enlistment contract, dated 20 July 1972, shows the middle name Garrett.  He enlisted in the U.S. Army Reserve (USAR) on 20 July 1972 for a period of 6 years.  His enlistment contract, dated 28 September 1972, shows the middle name Garrett.  He enlisted in the Regular Army (RA) on 28 September 1972 for a period of 3 years.  

3.  Orders, dated 14 February 1973, show the applicant was released from the U.S. Army Overseas Replacement Station for reassignment to a designated destination in Korea.  Orders, dated 16 February 1973, show the applicant was assigned to Headquarters and Headquarters Company (HHC), 802d Engineer, Army Post Office (APO) 96271 (in Korea) with a reporting date of 19 February 1973.  His Enlisted Efficiency Report (EER) covering the period September 1973 through February 1974 shows he was assigned to HHC, 802d Engineer Battalion (Construction), APO San Francisco 96271 (in Korea).

4.  On 26 September 1975, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  

5.  Item 1 on the applicant's DD Form 214 shows the middle name Garret.  Item 18f on his DD Form 214 shows the entry "0 0 0."  His DD Form 214 shows the National Defense Service Medal as an authorized award. 
 
6.  The applicant's service personnel records show the middle name Garrett and Garret.

7.  In support of his claim to amend item 1 on his DD Form 214, the applicant provided a birth certificate which shows the middle name Garrett.

8.  Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) is blank. 

9.  On 19 July 1978, the applicant was honorably discharged from the Standby Reserve. 

10.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is 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 Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  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, or meet other specified criteria.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's middle name is shown as Garret and Garrett in his service personnel records, his 20 July 1972 USAR enlistment contract and his 
28 September 1972 RA enlistment contract show the middle name Garrett.  His birth certificate shows the middle name Garrett.  Therefore, it would be appropriate to correct item 1 on his DD Form 214 to show the middle name Garrett. 

2.  The applicant contends he served 1 year and 1 month in Korea.  Although his inclusive dates of service in Korea are not available, evidence of record shows he was assigned to HHC, 802d Engineer Battalion in Korea on 19 February 1973 and his EER shows he was assigned to this unit in Korea through 28 February 1974 (total of 1 year and 11 days).  Therefore, it would be appropriate to correct item 18f on his DD Form 214 to show he served 1 year and 11 days of foreign service.   

3.  As a related issue and based on the applicant's service in Korea, he is eligible for the KDSM.

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.  deleting the entry "GARRET" in item 1 on his DD Form 214 and replacing it with "GARRETT";

	b.  deleting the entry "0 0 0" in item 18f on his DD Form 214 and replacing it with 1 0 11"; and 

	c.  adding the KDSM in item 26 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) 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 amending item 18f to show he served 1 year and 1 month of foreign service.  



      _______ _   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)                                         AR20090019587





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ABCMR Record of Proceedings (cont)                                         AR20090019587



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