BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100012059 


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, correction of his first name in item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Transfer or Discharge) and that the first and fifth digits in item 3 (Social Security Number (SSN)) be corrected.  He also requests additional awards and decorations be added to his DD Form 214.  

2.  The applicant states, in effect:

* His first name is Stephen not Steve
* The first digit of his SSN is "5" and the fifth digit is "4"
* All of his medals and citations are not listed on his DD Form 214

3.  The applicant provides:

* DD Form 214
* Social Security card
* Documentation from the Social Security Administration in Yucca Valley, CA

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 induction record shows the first name Stephen and the first digit of his SSN is "5" and the fifth digit of his SSN is "4."  He was inducted into the Army of the United States on 5 July 1966.  He served as a truck master in Korea from 22 November 1966 to 5 April 1968 and he was released from active duty on 5 April 1968 in the temporary rank of specialist five after completing
1 year, 9 months, and 1 day of creditable active service with no time lost.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 1 on the applicant's DD Form 214 shows the first name Steve.  Item 3 on his DD Form 214 shows the first digit of his SSN is "6" and the fifth digit of his SSN is "7."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.   

4.  The applicant was honorably discharged from the USAR on 4 July 1972.

5.  The majority of the applicant's service personnel records show the first name of Stephen.

6.  The majority of the applicant's service personnel records contain a service number.  However, his DA Form 20 (Enlisted Qualification Record), DA Form 41 (Record of Emergency Data), and discharge orders from the USAR show the first digit of his SSN is "5" and the fifth digit of his SSN is "4."    

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  In support of his claim to amend item 3 on his DD Form 214, the applicant provided a copy of his Social Security card and documentation from the Social Security Administration in Yucca Valley, CA which show the first digit of his SSN is "5" and the fifth digit of his SSN is "4."  
9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 
3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

10.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The entries on the applicant's 1966 induction record and his service personnel records which show his first name is Stephen are accepted as sufficient evidence on which to amend item 1 on his DD Form 214.  Therefore, it would be appropriate to amend his first name in item 1 on his DD Form 214 to show Stephen.
 
2.  Evidence of record shows the applicant’s first digit of his SSN is "5" and the fifth digit of his SSN is "4."  Therefore, it would be appropriate to correct item 3 on his DD Form 214.

3.  The applicant was separated in the temporary rank of specialist five with 
21 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 5 July 1966 through 5 April 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.






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 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.  awarding him the first award of the Good Conduct Medal for the period 
5 July 1966 through 5 April 1968; 

	b.  deleting the first name in item 1 on his DD Form 214 and adding "Stephen";

	c.  deleting the first digit in item 3 on his DD Form 214 and adding "5";

	d.  deleting the fifth digit in item 3 on his DD Form 214 and adding "4"; and

	e.  adding the Good Conduct Medal and Korea Defense Service Medal to item 24 on his DD Form 214.



      __________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)                                         AR20100012059



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ABCMR Record of Proceedings (cont)                                         AR20100012059



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